IN THE CASE OF:	  

		BOARD DATE:	 13 November 2014 

		DOCKET NUMBER:  AR20140005867 


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 award of the Purple Heart (PH).

2.  The applicant states he was wounded in action on 6 June 1970 in the Republic of Vietnam (RVN); however, the PH is not listed on his DD Form 214.

3.  The applicant provides copies of his PH certificate and two DD Forms 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 enlisted in the Regular Army (RA) on 13 June 1969 for a period of 3 years.  He was awarded military occupational specialty 13B (Field Artillery Crewman).

3.  A DD Form 214 shows he was honorably discharged on 19 February 1970 to reenlist in the RA.  He had completed 8 months and 7 days of net active service this period that included 2 months and 23 days of foreign service.  It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the –
 
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)

4.  He reenlisted in the RA on 20 February 1970 for a period of 3 years.

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

a. item 31 (Foreign Service) –

* Vietnam from 27 November 1969 through 7 November 1970
* Alaska from 6 April 1972 through 18 August 1972

   b.  item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/pay grade E-5 on 11 October 1970;

   c.  item 38 (Record of Assignments):  Battery C, 1st Battalion, 8th Artillery, 25th Infantry Division, from 6 December 1969 through 1 November 1970;

6.  Headquarters, 3rd Field Hospital, General Orders (GO) Number 139, dated 
8 June 1970, awarded the applicant the PH for wounds received in action in the RVN on 6 June 1970.

7.  A DD Form 214 shows the applicant entered active duty this period on
20 February 1970, was honorably released from active duty on 21 August 1972, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He had completed 2 years, 6 months, and 2 days of net active service this period that included 1 year, 1 month, and 1 day of foreign service.

b. Item 24 shows the –
 
* NDSM
* Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar
* Expert Marksmanship Qualification Badge with (M-14) Rifle Bar
* RVN Campaign Medal with Device (1960)
* VSM
* ARCOM
* 2 Overseas Service Bars

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between
1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

9.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Forms 214.

10.  A review of the applicant's military personnel records failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

   a.  The applicant received nonjudicial punishment (NJP) for being negligent in the performance of his duty by failing to fire the reveille and retreat gun on 
17 April 1971.

   b.  There is no evidence of any other disciplinary actions or adverse information.

   c.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The VSM 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 VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns –

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows Battery C, 1st Battalion, 8th Artillery, 25th Infantry Division, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders (DAGO) Number 5, 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
31 March 1966 to 21 January 1970 in DAGO Number 51, 1971

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows:

   a.  GOs awarded the applicant the PH;

   b.  the applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized the – 

* VSM with three bronze service stars on his 1972 DD Form 214

	c.  GOs awarded the applicant's unit the –

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

2.  The applicant served a period of continuous, honorable active duty enlisted service from 13 June 1969 through 12 June 1972.

   a.  The evidence of record shows the applicant received NJP for being negligent in the performance of his duty on 17 April 1971.
   b.  However, there is no evidence of any other disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

   c.  He was awarded the ARCOM for meritorious achievement in the RVN.

	d.  He was promoted to SGT (E-5) with less than 16 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.
	
   e.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 13 June 1969 through 12 June 1972.

3.  Therefore, it would be appropriate to correct the applicant's DD Forms 214 to show his awards and decorations, as recommended below.

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 (1st Award) for the period 
13 June 1969 through 12 June 1972 (Standard Name Line:  SGT  Battery A, 1st Battalion, 37th Field Artillery, 172nd Infantry Brigade, U.S. Army Alaska);

   b.  deleting the "VSM" from item 24 of his 21 August 1972 DD Form 214; and
   
	c.  adding to item 24 of his 21 August 1972 DD Form 214 the –

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 Bronze Service Stars

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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)                                         AR20130021505



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ABCMR Record of Proceedings (cont)                                         AR20140005867



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