BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20140000916 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart but the award was not recorded on his DD Form 214.  

3.  The applicant provides a DD Form 214 and orders for the Purple Heart.  

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted into the Army of the United States on 
19 September 1967.

3.  Special Orders Number 317, dated 13 November 1967, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 020, dated 23 January 1968, awarded him the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

5.  Special Orders Number 026, dated 30 January 1968, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar.

6.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service), he served in Vietnam from 6 September 1968 to 11 January 1969;

	b.  item 38 (Record of Assignments), during his service in Vietnam he was assigned to the 2nd Battalion, 14th Infantry; and

	c.  item 38, he received "excellent" conduct and efficiency ratings throughout his active duty service.

7.  General Orders Number 298, dated 21 December 1968, issued by Headquarters, 12th Evacuation Hospital, awarded him the Purple Heart for wounds received on 20 December 1968. 

8.  There is no evidence of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

9.  He was honorably released from active duty on 18 June 1969 in the rank and grade of sergeant/E-5.  He completed 1 year and 9 months of active duty service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge

10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, he participated in two campaigns.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to the 2nd Battalion, 14th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

13.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart has been carefully considered.  

2.  General orders show he was awarded the Purple Heart for wounds received on 20 December 1968.  Therefore, this award should be added to his DD Form 214.

3.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his active duty service and his record is void of any derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 19 September 1967 to 18 June 1969 and to add this award to his DD Form 214.
4.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and Expert Marksmanship Qualification Badge with Machine Gun Bar.  These badges should be added to his DD Form 214.  

5.  He participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars for wear on his Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

6.  His unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Additionally, all units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

___x__  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
19 September 1967 to 18 June 1969; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation  




      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20140000916



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ABCMR Record of Proceedings (cont)                                         AR20140000916



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