BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140003525 


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 issuance of a DD Form 215 (Correction to the DD Form 214) to show the Purple Heart (PH) and Bronze Star Medal (BSM).

2.  The applicant states:

	a.  he earned the PH and BSM for his actions that occurred and injuries he sustained on 23 April 1969;

	b.  his actions are detailed in his BSM order.

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or    
     Discharge)
* BSM Order

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's record shows he enlisted in the Regular Army on 30 August 1968.  He was awarded and trained in military occupational specialty 11C (Indirect Fire Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) includes entries that show:

   a.  he served in the Republic of Vietnam (RVN) from 29 March 1969 to 22 May 1969, while assigned to Company E, 2nd Battalion, 501st Infantry Regiment;
   
   b.  he received "excellent" conduct and efficiency ratings at each of his active duty assignments; and
   
   c.  he sustained gunshot wounds to his right arm and hand in item 40 (Wounds).

4.  His Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

5.  His OMPF includes the following order numbers (#) and letter which shows the applicant earned the following weapons qualifications and awards:  

	a.  Headquarters, 3rd Advanced Individual Training Brigade (Infantry), United States Army Training Center – 

* Special Orders # 259 dated 17 December 1968 – announced his "expert" qualification with the 81 millimeter (mm) mortar 
* Special Order # 263 dated 26 December 1968 – announced his "sharpshooter" qualification with the M-16 rifle

b.  Headquarters, 101st Airborne Division, General Order # 8564, dated 
10 July 1969, announced his award of the BSM with "V" device for heroism in ground combat against a hostile force on 23 April 1969.


	c.  Naval Hospital, St. Albans, New York, letter dated 26 May 1969, shows the Acting Commander announced the applicant's award of the PH for wounds he received in action against armed enemies of the United States on 22 April 1969, in the area of Ashau Valley in the RVN.

6.  On 21 August 1970, the applicant was honorably released from active duty after completing 1 year, 11 months, and 22 days of active service.  His DD Form 214 contains the following list of awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal 
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 2-13 contains guidance on the VSM and states that a bronze service star is authorized with this award for participation in each Vietnam campaign a member is credited with.  Appendix B shows that during his service in Vietnam participation credit was awarded for the Tet Counteroffensive campaign.

8.  Army Regulation 672-5-1 (Awards) 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.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the applicant's tenure of assignment in the RVN, his unit (2nd Battalion, 501th Infantry Regiment) earned the following:

* Presidential Unit Citation (PUC) – (10 - 21 May 1969), Department of the Army General Order (DAGO) 16, 72
* RVN Gallantry Cross with Palm Unit Citation (15 August 1968 – 14 May 1969) – DAGO 43, 70
* RVN Civil Actions Honor Medal First Class Unit Citation (18 March 1968 – 2 May 1970), DAGO 48, 71



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to issuance of a DD Form 215 to show the PH and BSM.  There is sufficient evidence to grant his claim.

2.  The evidence of record includes the official order and Navy letter which announced the applicant's award of the BSM with "V" Device and PH, respectively.  These two awards are not listed on his DD Form 214 and should be added.

3.  The evidence of record confirms the applicant received no less than “excellent” conduct and efficiency ratings at each of his active duty assignments as evidenced by his DA Form 20.  In addition, his OMPF is void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.  As a result, it would be appropriate to award him the AGCM for his qualifying period of honorable active duty service from 30 August 1968 through 21 August 1970 and to add this award to his record and DD Form 214.

4.  In addition, based on his service and campaign participation in the RVN and his weapons qualifications, he is also entitled to a bronze service star with his already-awarded VSM and the PUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with 81mm Mortar Bar, and Sharpshooter Marksmanship Qualification Badge with M16 Rifle Bar.  Accordingly, it would be appropriate to add each of these awards to his DD Form 214.

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.  awarding him the Army Good Conduct Medal for his qualifying period of honorable service from 30 August 1968 to 21 August 1970;
   
   b.  amending item 24 of his DD Form 214 by deleting the Vietnam Service Medal and adding the following awards:
   
* Bronze Star Medal with "V" Device
* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Presidential Unit Citation
* Expert Marksmanship Qualification Badge with 81mm Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

c.  issuing a correction to the DD Form 214 to reflect these changes.




      _______ _  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)                                         AR20140003525





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140003525



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1