IN THE CASE OF:	   

		BOARD DATE:	  29 January 2015

		DOCKET NUMBER:  AR20140009301 


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 the Purple Heart. 

2.  The applicant states his DD Form 214 inadvertently omitted the Purple Heart. 

3.  The applicant provides his DD Form 214 and General Orders (GO) Number 113, dated 6 May 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.  The applicant's records show he was inducted into the Army of the United States on 6 September 1966 and he held military occupational specialty 11D (Armor Intelligence Specialist). 
3.  Headquarters, 2nd Armored Division, Fort Hood, TX, published the following Special Orders (SO): 

* SO Number 308, on 4 November 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* SO Number 40, on 9 February 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

4.  SO Number 32, issued by Headquarters, 198th Infantry Brigade, Fort Hood, TX, on 21 August 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  He served in Vietnam from on or about 4 October 1967 to 30 May 1968.  He was assigned to Headquarters and Headquarters Troop, 17th Cavalry, 198th Infantry Brigade.  He was wounded in action on 5 May 1968 and he was medically evacuated to the U.S. Army Hospital at Fort Carson, CO. 

6.  GO Number 113, issued by Headquarters, 2nd Surgical Hospital on 6 May 1968, awarded him the Purple Heart for wounds received in action on 5 May 1968. 

7.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 12 July 1968.  His DD Form 214 shows he completed 1 year, 10 months, and 7 days of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal with one bronze service star
* Republic Vietnam Campaign Medal with Device (1960))

8.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his military service.

9.  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.
10.  Department of the Army GO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to:

* Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in three 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

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

2.  SO awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Expert Marksmanship Qualification Badge with Rifle Bar (M-16), none of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

3.  He was awarded the Vietnam Service Medal with one bronze service star.  However, he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three (not one) bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

4.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award. 

5.  He served honorably from 6 September 1966 through 12 July 1968.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

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 exemplary behavior, efficiency, and fidelity during the period 6 September 1966 through 12 July 1968
* deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Vietnam Service Medal with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar       (.45 Caliber)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* 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)                                         AR20140009301





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140009301



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1