IN THE CASE OF:  

		BOARD DATE:  13 January 2015

		DOCKET NUMBER:  AR20140009544


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) by showing award of the Purple Heart.

2.  The applicant states he was awarded the Purple Heart in September 1970 but it was never recorded on his DD Form 214.

3.  The applicant provides copies of:

* DD Form 214 (Copy Number 1)
* General Orders Number 191, 67th Evacuation Hospital, dated                  24 September 1970

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 11 August 1969, the applicant was inducted into the Army of the United States and was trained as an infantryman.

3.  Special Orders Number 231, Fort Ord, CA, dated 13 November 1969, announced the applicant's award of the First Class Gunner (Sharpshooter) Badge with Machinegun Bar for qualification on the M-60 machine gun.

4.  On or about 4 August 1970, the applicant arrived for duty in the Republic of Vietnam (RVN).  He was assigned as a team leader in Company A, 1st Battalion, 12th Infantry Regiment.

5.  General Orders Number 191, 67th Evacuation Hospital, dated 24 September 1970 announced the applicant's award of the Purple Heart for wounds received in action on 23 September 1970.

6.  On 21 November 1970, the applicant was reassigned as a team leader to the 20th Infantry Regiment.

7.  On or about 1 June 1971, the applicant departed the RVN.

8.  On 2 June 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 9 months, and 
22 days of creditable active duty service.

9.  The applicant's DD Form 214 lists his awards as:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar

10.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that his conduct and efficiency ratings were “excellent.”  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 Army Good Conduct Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides in Appendix B that, based on the applicant's dates of service in the RVN, he participated in the Vietnam counteroffensive, Phase VII campaign period for which he is authorized to wear a  bronze service star on his Vietnam Service Medal.

12.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam 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 were authorized this medal for the period 20 July 1965 to 28 March 1973.

13.  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 that his DD Form 214 should be corrected by showing award of the Purple Heart.

2.  General orders announced the applicant's award of the Purple Heart.  Therefore, this medal should be shown on his DD Form 214.

3.  Records show that the applicant participated in one campaign period during his service in the RVN.  Therefore, he is eligible to wear a bronze service star on his already-awarded Vietnam Service Medal.

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 sergeant and achieving "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.

5.  Records show that the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

6.  Special orders announced the applicant's award of the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, this badge 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 AGCM for the period 11 August 1969 to 2 June 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  showing, in addition to the awards already-shown on his DD Form 214, that his awards include:

* Purple Heart
* Army Good Conduct Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar




      ____________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)                                         AR20140000220



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ABCMR Record of Proceedings (cont)                                         AR20140009544



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