BOARD DATE:	  16 September 2014

		DOCKET NUMBER:  AR20140001819 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect his awards of the Purple Heart, Republic of Vietnam Campaign Medal, and Air Medal with two oak leaf clusters (2 OLCs).

2.  The applicant states, in effect, that his DD Form 214 does not reflect his awards of the Purple Heart, Air Medal with 2 OLCs, and the Republic of Vietnam Campaign Medal.

3.  The applicant provides copies of his Purple Heart Certificate, two Air Medal citations, and his DD Form 214. 

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 on 24 October 1968.  He completed his one-station unit training as a light weapons infantryman and was transferred to Vietnam on 1 April 1969 for assignment to Company A, 4th Battalion, 39th Infantry Regiment.  On 11 July 1969, he was transferred to Company C, 5th Battalion, 60th Infantry Regiment. 

3.  On 3 September 1969, he was wounded in action and was treated at the 7th Field Hospital.  He was subsequently evacuated to the Army hospital at Fort Ord, California and then to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 23 October 1970.  He had served 2 years of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, Army Commendation Medal with “V” Device and 1 OLC, Combat Infantryman Badge , Air Medal with 1 OLC, and the Bronze Star Medal.

4.  A review of his records shows that the applicant had “excellent” conduct and efficiency ratings throughout his service and is void of derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).  His records also contain the following orders:

* General Orders Number 28 issued by Headquarters, 3rd Brigade, 9th Infantry Division on 29 September 1969 awarded the applicant the Purple Heart for wounds received on 3 September 1969
* General Orders Number 5734 issued by Headquarters, 9th Infantry Division on 19 May 1969 awarded the applicant the Army Commendation Medal with “V” Device for heroism on 22 April 1969
* General Orders Number 8566 issued by Headquarters, 9th Infantry Division on 5 July 1969 awarded the applicant the Army Commendation Medal for outstanding achievement during the period April 1969 – June 1969
* General Orders Number3945 issued by Headquarters, 9th Infantry Division on 10 November 1969 awarded the applicant the Army Commendation Medal for meritorious achievement during the period        2 April 1969 – 2 August 1969
* General Orders Number 9180 dated 8 July 1969, General Orders Number 9838 dated 10 July 1969, and General Orders Number 3313 dated          26 October 1969 all awarded the applicant individual awards of the Air Medal



5.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the 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.  There must have been no convictions by a court-martial.

6.  Army Regulation 600-8-22 (Military Awards) states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but:

* were wounded as a result of hostile action 
* were captured by hostile forces but later escaped or were rescued or released
* were killed in action or otherwise in line of duty

7.   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 booth of the applicant's units were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The 4th Battalion, 39th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the units. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart, Air Medal with 2 OLCs, Army Commendation Medal with “V” Device and 2 OLCs, and he served during a qualifying period for award of the Republic of Vietnam Campaign Medal with Device (1960) and is entitled to have those awards added to his DD Form 214.

2.  Records show the applicant received all "excellent" conduct and efficiency ratings throughout his service.  His records do not contain any derogatory 


information or a commander's disqualification that would have precluded him from being recommended for or awarded the AGCM (1st Award).  Therefore, he should be awarded the AGCM (1st Award) for the period 24 October 1968 through 23 October 1970 and his DD Form 214 should be corrected to show this award.

3.  Both of his units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one of his unites was cited for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  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:

1. 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 the applicant the AGCM (1st Award) for the period 24 October 1968 through 23 October 1970
* Deleting the awards of the Army Commendation Medal with “V” Device and 1 OLC and Air Medal with 1 OLC from his DD Form 214 
* Adding the AGCM (1st Award), Army Commendation Medal with “V” Device and 2 OLCs, Air Medal with 2 OLCs, Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his          DD Form 214

2.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  


The applicant and all Americans should be justifiably proud of his service in arms.
      
      
      
      _______ _  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)                                         AR20140001819





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ABCMR Record of Proceedings (cont)                                         AR20140001819



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