IN THE CASE OF:	  

		BOARD DATE:	  9 September 2014

		DOCKET NUMBER:  AR20140001800 


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 States Report of Transfer or Discharge) to show the Purple Heart (2nd Oak Leaf Cluster).

2.  The applicant states this award was not listed on his DD Form 214.

3.  The applicant provides his Purple Heart (2nd Oak Leaf Cluster) Citation and DD Form 214, effective 27 January 1969.

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 27 April 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  He served in Vietnam from 10 January to 9 October 1968 while assigned to Company B, 2nd Battalion, 14th Infantry Regiment, 25th Infantry Division. 

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained three injuries.  On 25 January 1968, he received a gunshot wound to his upper left arm; on 26 March 1968, he received a fragment wound to his back; and on 3 October 1968, he sustained a fragment wound to his back. 

5.  Headquarters, 25th Infantry Division, published the following general orders (GO): 

* GO Number 2356, on 2 April 1968, awarding him the Purple Heart (1st Oak Leaf Cluster) for wounds received in action on 26 March 1968
* GO Number 7052, on 5 October 1968, awarding him the Purple Heart (2nd Oak Leaf Cluster) for wounds received in action on 3 October 1968

6.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 27 January 1969.  He completed 1 year, 9 months, and 1 day of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* Vietnam Campaign Medal
* Purple Heart (1st Oak Leaf Cluster)
* Combat Infantryman badge

7.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" and "unknown" conduct and efficiency ratings throughout his military service.

8.  A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Listing shows the applicant's name as a casualty on 1 January 1968, 
26 March 1968, and 3 October 1968.

9.  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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

10.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's period of service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows during his service with the 2nd Battalion, 14th Artillery Regiment, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 to August 1968 by DAGO Number 48, dated 1971; and for the period 1 September 1968 to 30 September 1970 by DAGO 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 to 21 January 1970 by DAGO Number 51, dated 1971

12.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant sustained three combat wounds as a result of hostile action in Vietnam as confirmed by the entries on his DA Form 20.  The injuries are further confirmed with the publication of GO awarding him the Purple Heart (2nd Oak Leaf Cluster).  His DD Form 214 listed only two awards.  He should be entitled to correction of his DD Form 214 to show three awards. 

2.  He was awarded the Vietnam Service Medal with bronze service star.  However, records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of an additional three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his records as such.

3.  GO awarded the applicant’s unit in Vietnam the RVN Gallantry Cross with Palm Unit Citation on two occasions and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.  The applicant should be aware that wear of multiple awards of the RVN Gallantry Cross with Palm Unit Citation is not authorized; however, official military personnel and historical records will indicate all awards received.

4.  He served honorably from 27 April 1967 through 27 January 1969.  He completed 1 year, 9 months, and 1 day of active service with no lost time of honorable service.  He served in Vietnam, was awarded three Purple Hearts, attained the rank/grade of E-4, and he received primarily "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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:

* awarding him the Army Good Conduct Medal (1st award) for the period  27 April 1967 through 27 January 1969
* deleting from his DD Form 214 the Vietnam Service Medal and Purple Heart (1st Oak Leaf Cluster)
* adding to his DD Form 214 the:

* Purple Heart (3rd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20140001800





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ABCMR Record of Proceedings (cont)                                         AR20140001800



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