IN THE CASE OF:	  

		BOARD DATE:	  22 JANUARY 2015

		DOCKET NUMBER:  AR20140010217 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal, Bronze Star Medal, and a second award of the Purple Heart.

2.  The applicant states he never received the Air Medal and Bronze Star Medal and they are not listed on his DD Form 214.  In effect, his DD Form 214 lists only one award of the Purple Heart.

3.  The applicant provides copies of the following:

* two Purple Heart certificates
* Air Medal certificate
* Bronze Star Medal 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant was inducted into the Army of the United States on 4 November 1964.  He was awarded military occupational specialty 11B (light weapons infantryman).  He served in Vietnam from 14 December 1965 through 4 October 1966, during two campaigns.  He was assigned to Company B, 2nd Battalion, 7th Cavalry, 1st Calvary Division (Airmobile).

3.  His records contain the following general orders (GO) issued by Headquarters, 1st Cavalry Division (Airmobile):

* GO Number 930, dated 1 April 1966, awarding him the Purple Heart for wounds received in action on 26 March 1966 in Vietnam
* GO Number 2215, dated 28 June 1966, awarding him the Purple Heart with First Oak Leaf Cluster for wounds received in action on 24 June 1966 in Vietnam
* GO Number 221, dated 20 January 1967, awarding him the Air Medal for meritorious achievement while participating in aerial flight from 4 November 1965 through 20 October 1966  

4.  He also provided copies of the following:

* certificate, dated 9 March 1967, awarding him the Bronze Star Medal for meritorious achievement in ground operations against hostile forces from October 1965 through October 1966 in Vietnam

5.  He was honorably released from active duty in pay grade E-4 on 5 October 1966.  He was credited with completing 1 year, 11 months, and 2 days of active service and 9 month and 21 days of foreign service in the U.S. Army Pacific (Vietnam).  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam “Commendation Medal” [i.e., Campaign Medal]
* Vietnam Service Medal
* Purple Heart
* one overseas service bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge




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

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of service, there is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service 

* Item 41 (Awards and Decorations) lists the:

* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* National Defense Service Medal
* one overseas service bar
* Purple Heart (2nd Award)
* Vietnam Campaign Medal

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any award orders for the Bronze Star Medal pertaining to the applicant. 

8.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year service entirely during the period 7 December 1941 through 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-marital.

9.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party. 

   b.  The Republic of Vietnam Campaign Medal with Device (1960) is awarded by the Government of the Republic of Vietnam to members of the United States Armed Forces who have served in Vietnam for a period of 6 months.

   c.  A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation  

10.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows DA General Orders (GO) Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Air Medal and two awards of the Purple Heart (2nd Award) on 1 April and 26 June 1966, respectively.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of records shows he received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank of pay grade E-4, and served in Vietnam.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 4 November 1964 through 5 October 1966 and its addition to his DD Form 214.

3.  He served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to already-awarded Vietnam Service Medal and correction to his DD Form 214 to show these service stars.

4.  He completed a qualifying period of service in Vietnam and was awarded the Republic of Vietnam Campaign Medal with Device (1960).  It appears this was erroneously listed on his DD Form 214 as the Vietnam Commendation Medal.  Therefore, his DD Form 214 should be corrected to show the Republic of Vietnam Campaign Medal with Device (1960).

5.  GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this award.

6.  With regard to award of the Bronze Star Medal in the absence of orders awarding him the Bronze Star Medal, there is insufficient evidence in the available record and the evidence provided by the applicant to add the Bronze Star Medal to his DD Form 214.  
BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that full relief should be granted.

2.  The Board believed that two of the three requested awards are to be added to the applicant’s DD Form 214.  The applicant provided the Bronze Star Medal  certificate but not the orders.  The Board believed it is reasonable to believe that he was awarded the Bronze Star Medal, also.

3.  Therefore, 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 of service from 4 November 1964 through 5 October 1966
* deleting from his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal
* Vietnam Commendation Medal

* adding to this DD Form 214 the:

* Army Good Conduct Medal
* Purple Heart (2nd Award)
* Air Medal
* Bronze Star Medal
* Vietnam Service Medal with two bronze service stars
* 
Republic of Vietnam Campaign Medal with Device (1960)
* 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)                                         AR20140010217





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ABCMR Record of Proceedings (cont)                                         AR20140010217



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