BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140006501 


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 reflect award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart, but it is not reflected on his DD Form 214.

3.  The applicant provides:

* Purple Heart Certificate
* Honorable Discharge Certificate
* U.S. Army Reserve Components Personnel and Administration Center letter to the applicant, dated 15 January 1982
* his letter to The Adjutant General, dated 9 November 1981

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 20 September 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 30 April 1967 through on or about 18 April 1968 where he was assigned to the 329th Transportation Company and the 5th Transportation Company.

4.  The applicant's records contain a Western Union Telefax from The Adjutant General informing his spouse that he was wounded in Vietnam on 5 March 1968 as a result of hostile action. 

5.  He was honorably released from active duty on 19 September 1968.  His DD Form 214 shows he was awarded or authorized the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  There is no evidence of a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.

7.  The applicant provided a Purple Heart Certificate, dated 12 January 1982, awarding him the Purple Heart for wounds received in action on 5 March 1968.  He also provided a U.S. Army Reserve Components Personnel and Administration Center letter, dated 15 January 1982, reflecting correction of his Purple Heart Certificate.

8.  Army Regulation 672-5-1 (Decorations and 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 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.

9.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  The applicant's records show he participated in the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 July 1967-29 January 1968)

10.  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 the 329th Transportation Company was awarded the:

* Meritorious Unit Commendation for the period 1 June 1966 through 31 July 1967 by Department of the Army General Orders Number 17, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders Number 8, dated1974

DISCUSSION AND CONCLUSIONS:

1.  The Western Union Telefax informing his spouse that he was wounded in action in Vietnam on 5 March 1968 corroborates his entitlement to award of the Purple Heart.  The Purple Heart Certificate, dated 12 January 1982, and the U.S. Army Reserve Components Personnel and Administration Center letter, dated 15 January 1982, confirm he was awarded the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

2.  General orders awarded the unit to which the applicant was assigned in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The applicant was awarded the Vietnam Service Medal and participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his Vietnam Service Medal.

4.  The applicant served honorably during the period 20 September 1966 through 19 September 1968.  There is no evidence in his record of disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

BOARD VOTE:

___x_____  ___x_____  ___x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 of 20 September 1966 through 19 September 1968
* adding the following awards to his DD Form 214 –

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Two bronze service stars for wear with his Vietnam Service Medal
* Meritorious Unit Commendation
* 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)                                         AR20140006501



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ABCMR Record of Proceedings (cont)                                         AR20140006501



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