BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140009543 


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 Silver Star and Purple Heart.

2.  The applicant states the Silver Star was not added to his DD Form 214 and the Purple Heart was awarded after his discharge.

3.  The applicant provides his Silver Star and Purple Heart orders.

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 31 August 1965, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialties 11B (Light Weapons Infantryman) and 91B (Medical Specialist).  The highest rank he held was sergeant/pay grade E-5.

3.  On 29 May 1967, U.S. Army Special Forces Training Group, issued Special Orders Number 124, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

4.  His record shows while he was stationed in the Republic of Vietnam (RVN) he performed duties as a medical specialist while he was assigned to Company A, 5th Special Forces Group (Airborne), during the period 13 July 1967 to 4 July 1968.

5.  On 28 May 1968, Headquarters, U.S. Army Vietnam, issued General Orders Number 2531 awarding him the Silver Star for gallantry.

6.  On 19 July 1968, Headquarters, 5th Special Forces Group (Airborne), 1st Special Forces, issued General Orders Number 1264 awarding him the Purple Heart for wounds received in connection with military operations against a hostile force on 5 March 1968.

7.  On 11 July 1968, he was honorably released from active duty after completing 2 years, 10 months, and 11 days of total active service.

8.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Parachute Badge
* Combat Medical Badge

9.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

10.  His records are void of any orders or other documents that indicate he was awarded the Army Good Conduct Medal (AGCM) by proper authority.  He received all "excellent" conduct and efficiency ratings throughout his service with the exception of a "good" academic efficiency rating.  There are no adverse actions recorded in the applicant's available records or any record of a disqualification by his chain of command that would have precluded him from being recommended for or awarded the AGCM. 
 
11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, required that the enlisted person must have had all "excellent" conduct and efficiency ratings (service school efficiency ratings based upon academic proficiency of at least “good” rendered subsequent to 22 November 1955 were not disqualifying) and no convictions by a court-martial throughout a qualifying period of service for award of the AGCM.  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 of less than 3 years but more than 1 year.  

12.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with 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)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 5th Special Forces Group, 1st Special Forces was awarded the:

* Presidential Unit Citation for the period 1 November 1966 – 31 January 1968
* Meritorious Unit Commendation for the period 31 January – 31 December 1968
* RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1964 – 17 May 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period January 1968 – 24 September 1970

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Silver Star and the Purple Heart.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He completed a period of qualifying service ending with the termination of a period of active Federal military service.  Records show he received all "excellent" conduct and efficiency ratings throughout his service with the exception of a "good" academic efficiency rating.  There is no record of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the AGCM.  The fact he attained the rank of sergeant depicts his actions and service as honorable.  Therefore, it would be appropriate at this time to award him the AGCM (1st Award) for the period 31 August 1965 through 11 July 1968 and to add this award to his DD Form 214.

3.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, his DD Form 214 should be corrected to show his already-awarded VSM with four bronze service stars.

4.  His unit was awarded the Presidential Unit Citation, Meritorious Unit Commendation, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation during his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  His record shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to have this qualification badge added to his DD Form 214.

6.  In view of the foregoing, he is entitled to have his records corrected as shown below.

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 AGCM (1st Award) for the period 31 August 1965 through 11 July 1968 and adding this award to his DD Form 214;

	b.  deleting the VSM from his DD Form 214; and

   c.  adding to his DD Form 214 the:

* Silver Star
* Purple Heart
* AGCM (1st Award)
* VSM with four bronze service stars
* Presidential Unit Citation
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)




      _______ _ 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)                                         AR20140009543



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ABCMR Record of Proceedings (cont)                                         AR20140009543



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