IN THE CASE OF:	  

		BOARD DATE:	  24 February 2015

		DOCKET NUMBER:  AR20140010978 


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 award of the Purple Heart and Army Commendation Medal and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states these awards were never awarded and were not listed on his DD Form 214.  He was not aware of the error until recently. 

3.  The applicant provides copies of the following:

* DA Form 2496-1 (Disposition Form)
* General Orders (GO) Number 41
* Purple Heart Certificate
* Requests for Documents memorandum

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 enlisted in the Regular Army on 7 June 1968.  He was awarded military occupational specialty 62E (Crawler Tractor Operator).  He served in Vietnam from 4 November 1968 through 3 November 1969, during four campaigns.  He was assigned to Company C, 815th Engineer Battalion.

3.  His records contain a DA Form 2496-1, dated 24 February 1971, wherein orders were requested to award him the Purple Heart for being wounded on 16 June 1969 during a rocket attack on the base camp.

4.  He provided copies of the following:

* DA Form 2496-1, dated 20 April 1971, wherein orders were requested to be published awarding him the Purple Heart for wounds received on 16 June 1969
* GO Number 41, dated 7 July 1971, awarding him the Purple Heart for wounds received in action on 16 June 1969 in Vietnam
* Purple Heart Certificate dated 8 July 1971
* Request for Documents memorandum, dated 10 July 1971, wherein orders and a certificate for award of the Purple Heart were forwarded in compliance with basic correspondence

5.  He was honorably released from active duty in pay grade E-5 on 4 June 1971. He was credited with completing 2 years, 11 months, and 28 days of active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214 and two overseas service bars

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 orders for the Army Commendation 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 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:

* the Army Commendation Medal is awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service
* a bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  The pamphlet shows the 815th Engineer Battalion was awarded the Meritorious Unit Commendation for the period 1 May 1968 - 30 April 1969.

	b.  It also shows that Department of the Army General Orders 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 Purple Heart during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record shows he received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank of pay grade E-5, and served in Vietnam earning the Purple Heart.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 7 June 1968 through 4 June 1971 and its addition to his DD Form 214.
3.  He served in Vietnam during four campaigns; therefore, he is entitled to award of four bronze service stars to be added to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  GO awarded his unit the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. 

5.  With regard to award of the Army Commendation Medal, by regulation an individual must have distinguished himself by heroism, meritorious achievement, or meritorious service.  While the Board acknowledges his achievements and honorable service during his period of active duty there is no evidence of record and he provided none showing he was authorized or awarded the Army Commendation Medal during this period.  Therefore, there is insufficient evidence to support the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 his period of service from 7 June 1968 through 4 June 1971
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to this DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Army Commendation Medal and its addition to his DD Form 214.



      _______ _   _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)                                         AR20140010978





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ABCMR Record of Proceedings (cont)                                         AR20140010978



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