IN THE CASE OF:  	  

		BOARD DATE:  2 December 2014	  

		DOCKET NUMBER:  AR20140006875 


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 and Bronze Star Medal with "V" Device.

2.  The applicant states his DD Form 214 at the time of his discharge did not list these awards.  The medals were sent to him after his discharge.

3.  The applicant provides copies of General Orders (GO) Number 10147 and 10682.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 23 December 1968.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman). 

3.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, issued the following:

* Special Orders (SO) Number 045, on 20 February 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 088, on 14 April 1969, awarding him the Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* SO Number 101, on 29 April 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  He served in Vietnam from 17 June 1969 through 9 October 1969, during one campaign.  He was assigned to Company A, 2nd Battalion, 14th Infantry, 25th Infantry Division.

5.  His records contain and he provided copies of the following GO issued by Headquarters, 25th Infantry Division:

* GO Number 10147, on 6 August 1969, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in Vietnam on 2 August 1969
* GO Number 10682, on 22 August 1969, awarding him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in Vietnam on 2 August 1969

6.  He was honorably released from active duty in pay grade E-4 on 5 October 1970 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 1 year, 9 months, and 13 days of net active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with 1960 Device

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

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and the Purple Heart, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  There are no orders in his personnel records authorizing or awarding him the Combat Infantryman Badge during his period of service in Vietnam.

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 the first award only, 1 year service entirely during the period 7 December 1941 through 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-marital.

10.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

   b.  A bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 2nd Battalion, 14th Infantry, was cited for award of the:

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

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart and Bronze Star Medal with "V" Device during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.
2.  The evidence of records shows he was awarded the Combat Infantryman Badge.  Therefore, he is entitled to its addition to his DD Form 214.  

3.  The evidence of record shows he received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank of pay grade E-4, and earned the Bronze Star Medal with "V" Device.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 23 December 1968 through 5 October 1970 and its addition to his DD Form 214.

4.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) and Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) during his period of service.  Therefore, his DD Form 214 should be corrected to show these badges.

5.  He served in Vietnam during one campaign; therefore, he is entitled to award of one bronze service star to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show this service star.

6.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

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 (1st Award) for his period of service from 23 December 1968 through 5 October 1970
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Army Good Conduct Medal
* Purple Heart
* Bronze Star Medal with "V" Device
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)
* Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* 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)                                         AR20140006875





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ABCMR Record of Proceedings (cont)                                         AR20140006875



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