IN THE CASE OF:	  

		BOARD DATE:	    20 January 2015

		DOCKET NUMBER:  AR20140009313 


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 the Purple Heart he received for wounds received in Vietnam on 7 July 1969 is not shown on his DD Form 214. 

3.  The applicant provides a certificate.

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 21 March 1968.  He completed basic training and was assigned for advanced individual training (AIT) to the 3rd AIT Brigade, Fort Jackson, SC.
3.  On 13 June 1968, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for being absent from his assigned unit without the proper authority from 10 to 12 June 1968 (2 days).  

4.  His record contains the following special orders (SO) issued by Headquarters (HQ), 3rd AIT Brigade:

* SO Number 97, dated 9 June 1968, awarding him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* SO Number 107, dated 24 June 1968, awarding him the Marksman Marksmanship Qualification Badge with Mortar Bar (81mm)

5.  He successfully completed AIT and was awarded military occupational specialty 11C (Indirect Fire Crewman).  He served in Vietnam from 18 August 1968 to 13 August 1969 while assigned to the 2nd Battalion, 27th Infantry, 25th Infantry Division (ID).  He was promoted to the rank/grade of specialist four (SP4)/E-4 on 16 November 1968.

6.  On 1 January 1969, he received NJP under the provisions of Article 15, UCMJ, for being absent from his assigned unit without the proper authority from 1300 to 1600 (3 hours) on 29 December 1968.  

7.  His record contains the following general orders (GO) issued by HQ, 25th ID:

* GO Number 8951, dated 10 July 1969, awarding him Purple Heart for wounds received in action on 7 July 1969
* GO Number 9639, dated 22 July 1969, awarding him the Bronze Star Medal for meritorious service

8.  He was honorably released from active duty on 20 March 1970 in the rank of SP4.  He completed 1 year, 11 months, and 29 days of creditable active service with 2 days of time lost.

9.  The DD Form 214 he was issued shows award of the:

* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

10.  Item 10 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  Other than the NJP discussed above, his record is void of any other 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 2nd Battalion, 27th Infantry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1966 through 21 January 1970 by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant the Purple Heart, Bronze Star Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Marksman Marksmanship Qualification Badge with Mortar Bar (81mm) 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 shows, except for the NJP he received on two occasions for relatively minor offenses, he served honorably from 21 March 1968 through 20 March 1970.  He served in Vietnam, received a Bronze Star Medal, and received all "excellent" conduct and efficiency ratings throughout his military service.  Except for the NJP, his record is void of a court-martial conviction or any other derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this award.

3.  During his service in Vietnam he participated in four campaigns while his DD Form 214 shows the Vietnam Service Medal with 3 bronze service stars.  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.  His unit in Vietnam was cited for award of 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 this unit award.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented 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 21 March 1968 through 20 March 1970 
* deleting from his DD Form 214 the Vietnam Service Medal with 3 bronze service stars
* adding to his DD Form 214 the:

* Purple Heart
* Bronze Star Medal
* Army Good Conduct Medal (1st Award)



* Vietnam Service Medal with 4 bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Mortar Bar (81mm)
* 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)                                         AR20140009313





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ABCMR Record of Proceedings (cont)                                         AR20140009313



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