IN THE CASE OF:  

		BOARD DATE: 20 November 2014

		DOCKET NUMBER:  AR20140007297


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 for wounds received in the Republic of Vietnam (RVN).

2.  The applicant states the Purple Heart was left off his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214 (Copy  Number 1)
* Service Medical Records (13 pages dated 28 October 1967 to 24 August 1968)

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.  On 7 February 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded a primary military occupational specialty (MOS) of 11B (Light Weapons Infantryman).

3.  Special Orders Number 148, Fort Polk, LA, dated 9 June 1967 announced the applicant’s award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

4.  On 14 July 1967, the applicant departed the United States for duty in the RVN.  On 17 August 1967, he was assigned to Company C, 3rd Battalion, 22nd Infantry Regiment, 3rd Brigade, 25th Infantry Division as a rifleman.

	a.  General Orders Number 40, 45th Surgical Hospital, dated 8 November 1967, announced the applicant's award of the Purple Heart for wounds received in action against the enemy on 1 November 1967.

	b.  Special Orders Number 325, 25th Infantry Division, dated 21 November 1967, announced the applicant's award of the Combat Infantryman Badge.

	c.  On 11 December 1967, he was reassigned as a patient to the 7th Field Hospital in Japan.

5.  On 9 January 1968, the applicant was advanced to specialist four, pay grade E-4.

6.  On 20 February 1968, the applicant departed Japan for duty in the Republic of Korea (ROK).  On 25 February 1968, he was assigned to Headquarters and Headquarters Company, Eighth U.S. Army Depot Command and Eighth U.S. Army Rear.

7.  On or about 17 September 1968, the applicant departed the ROK for the United States.  He was released from active duty on 17 September 1968.  He had completed 1 year, 7 months, and 11 days of creditable active duty service.  His DD Form 214 lists his awards as:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (`1960)
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Armed Forces Expeditionary Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 

8.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he received all “excellent” conduct and efficiency ratings throughout his service.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the first award of the Army Good Conduct Medal.

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

	a.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

   b.  Appendix B states that based on the applicant's dates of service in the RVN, he participated in the following four campaigns:
   
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
   
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Battalion, 22nd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 48, dated in 1971 for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 51, dated in 1971 for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of the Purple Heart for wounds received in the RVN.

2.  General orders show the applicant was awarded the Purple Heart for wounds received in action.  Therefore, this medal should be shown on his DD Form 214.

3.  Special orders show that the applicant was awarded the Combat Infantryman Badge and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, these two badges should be shown on his DD Form 214.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of specialist four and achieving all "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal at this time.

5.  Records show that the applicant participated in four campaigns during his service in the RVN.  Therefore, he is authorized to wear four  bronze service stars on his already-awarded Vietnam Service Medal.

6.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

7.  The evidence of record shows the applicant served a qualifying period of service in the ROK for award of the Korea Defense Service Medal.  Therefore, this medal should be shown on 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 (1st award) for the period 
7 February 1967 to 17 September 1968;

	b.  deleting from his DD Form 214 the Vietnam Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Korea Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars



      ____________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)                                         AR20140000079



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ABCMR Record of Proceedings (cont)                                         AR20140007297



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