IN THE CASE OF:	  

		BOARD DATE:	  4 December 2014

		DOCKET NUMBER:  AR20140007353 


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 he was awarded the Purple Heart and Bronze Star Medal with "V" Device.

2.  The applicant states there were errors on the orders for his Purple Heart and on the citation of his Bronze Star Medal.  He thinks that is why they weren't added to his DD Form 214.

3.  The applicant provides his DD Form 214, DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty), two orders, and two certificates.

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 3 April 1969.  He served in Vietnam from 3 September 1969 to 2 September 1970 while assigned to Company C, 1st Battalion, 5th Cavalry, 1st Cavalry Division.  

3.  The applicant provides General Orders (GO) Number 14519, dated 18 November 1969, issued by Headquarters (HQ), 1st Cavalry Division, awarding him the Purple Heart for wounds received in action on 14 November 1969.  These orders show his last name is spelled with the fifth letter missing. 

4.  He provides and his record contains GO Number 575, dated 10 January 1970, issued by HQ, 1st Cavalry Division, awarding him the Bronze Stare Medal with "V" Device for heroism in action.  The reason stated, in part, the applicant distinguished himself by exceptionally valorous action on 8 November 1969 (i.e., 14 November 1969) when the enemy unleashed a violent indirect fire and ground attack.  He braved the intense fire and moved to his mortar emplacement…an enemy round impacted mere meters from his position severely wounding him and ending his vital efforts which were responsible for the neutralization of many insurgents and the disposal of the determined attack.  

5.  His record also contains GO Number 15131, dated 15 September 1970, issued by HQ, 1st Cavalry Division, awarding him the Bronze Star Medal (First Oak Leaf Cluster or 2nd Award) for meritorious service from September 1969 to September 1970.

6.  He was honorably released from active duty on 2 April 1971 and transferred to the U.S. Army Reserve.  He completed 2 years of creditable active service with no lost time. 

7.  The DD Form 214 he was issued shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Air Medal
* Army Commendation Medal with "V" Device

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

* item 29 (Qualification in Arms) he qualified as expert with the M-14 rifle and with the 81mm mortar
* item 38 (Record of Assignments) he received all "excellent" conduct and efficiency ratings
* item 40 (Wounds) he received fragment wounds to his back on 14 November 1969

9.  On 19 September 2013, he was issued a DD Form 215 that corrected his social security number.

10.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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 and no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal 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 is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 5th Cavalry was cited for award of the: 

* Valorous Unit Award for the period 1 May through 29 June 1970, by DAGO Number 43, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 through 1 February 1970, by DAGO Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970, by DAGO Number 42, dated 1972

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart and the Bronze Star Medal (2nd Award) and with "V" Device which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record confirms he served honorably from 3 April 1969 to 2 April 1971.  He served with distinction in Vietnam and received all “excellent” conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  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 medal.

3.  His record confirms he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to one additional bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

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

5.  His record shows he qualified as expert with the M-14 rifle and the 81mm mortar.  Therefore, it would be appropriate to correct his DD Form 214 to show the corresponding marksmanship badges.

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 Medal (1st Award) for the period 3 April 1969 through 2 April 1971
* deleting from his DD Form 214 the Vietnam Service Medal with 3 bronze service stars
* adding to his DD Form 214 the:

* Bronze Star Medal (2nd Award) and with "V" Device
* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Mortar Bar (81mm)



      _______ _   _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)                                         AR20140007353





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ABCMR Record of Proceedings (cont)                                         AR20140007353



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