IN THE CASE OF:	  

		BOARD DATE:	  12 March 2015

		DOCKET NUMBER:  AR20140011656 


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 record to show award of the Army Good Conduct Medal.  He also requests, in effect, award of the Purple Heart.

2.  He states:

* his DA Form 20 (Enlisted Qualification Record) shows he was wounded in March 1970 and received shrapnel wounds to his legs
* he does not know why the Army Good Conduct Medal was not annotated on his DA Form 20
* he was told in March 1970 that he would receive the Purple Heart prior to his departure from Vietnam
* it never happened nor were his records corrected

3.  He provides:

* a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* two DD Forms 214 (Report of Separation from Active Duty)
* a DA Form 20, audited 19 December 1972
* 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.  The applicant's record shows he enlisted in the Regular Army (RA) on 2 July 1968.  He served in Vietnam from 24 June 1969 to 22 June 1970.  

3.  His record contains a DA Form 20, audited on 19 June 1970, that shows in:

	a.  item 38 (Record of Assignments):

		(1)  he received an "unsatisfactory" rating for conduct during his period of service from 5 April to 5 June 1969; 

		(2)  during his service in Vietnam, he was assigned to the Howitzer Battery, 1st Squadron, 11th Armored Cavalry, from 28 June 1969 to 18 June 1970;

	b.  item 40 (wounds), he received a fragment wound to his right leg on 
19 August 1970 (however, the applicant was not serving in an active duty status on this date); and

	c.  item 41 (Awards and Decorations), does not show award of the Army Good Conduct Medal or Purple Heart.

4.  He served until he was released on 23 June 1970 after completing 1 year, 
11 months, and 22 days of active duty service.  His DD Form 214, dated 23 June 1970, shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and Army Commendation Medal.


5.  On 25 February 1972, he again enlisted in the RA and served until he was discharged for the purpose of immediate reenlistment on 28 May 1974.  This 
DD Form 214 shows he was awarded the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and two Overseas Service Bars.

6.  He submitted and his record contains a DA Form 20, audited on 19 December 1972, that corrected the date entered in item 40 of his DA Form 20, dated 
19 June 1970, to show he received shrapnel in both legs in March 1970.

7.  On 29 May 1974, he reenlisted in the RA and served until he was honorably discharged on 28 May 1978 after serving 8 years, 2 months, and 26 days of total active service.  This DD Form 214, dated 28 May 1978, shows he was awarded the National Defense Service Medal, Army Commendation Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Overseas Service Bars.

8.  He submitted General Order Number 497, dated 4 May 1976, which shows he was awarded the Army Good Conduct Medal for service from 25 February 1972 to 24 February 1975.

9.  A review of the applicant's service record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for the second award of the Army Good Conduct Medal for his period of service from 25 February 1975 to 
24 February 1978.  There are no entries on his DA Form 20 to indicate his commanders denied him award of the Army Good Conduct Medal.

10.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active enlisted service.  This period was 3 years except in those cases when the first award ended with the termination of a period of Federal military service.  There must have been no convictions by a court-martial.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

11.  The applicant's name is not listed on the Vietnam casualty roster as being wounded in action in March 1970.

12.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that shows the applicant served a qualifying period of service for award of the Army Good Conduct Medal during his first period of active service.  The evidence of record shows that during the periods from 
2 July 1968 to 23 June 1970, the applicant received an "unsatisfactory" conduct rating.  Therefore, he is not entitled have his DD Form 214, dated 23 June 1970, corrected to show this medal.

2.  General orders show the applicant was awarded the Army Good Conduct Medal (1st Award) for the period 25 February 1972 to 24 February 1975.  Therefore, he is entitled to have his DD Form 214, dated 28 May 1978, corrected to show this medal.

3.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for the second award of the Army Good Conduct Medal.  Based on the applicable regulation, he should be awarded the Army Good Conduct Medal (2nd Award) for the period 
25 February 1975 to 24 February 1978.

4.  The evidence of record shows he received fragment wounds to both legs while serving in Vietnam (on an unknown date) in March 1970.  Although there are no available orders showing award of the Purple Heart or that his name is listed on the Vietnam casualty listing, it would be appropriate at this time to correct his DD Form 214 dated 25 May 1978 to show award of the Purple Heart.

BOARD VOTE:

___x_____  ____x___  ____x____  GRANT FULL RELIEF 

________  ________  _________  GRANT PARTIAL RELIEF 

________  ________  _________  GRANT FORMAL HEARING

________  ________  _________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* Army Good Conduct Medal (2nd Award) for the period 25 February 1975 to 24 February 1978
* Purple Heart for fragment wounds received in the Republic of Vietnam in March 1970

	b.  adding to his DD Form 214, dated 28 May 1978, the Army Good Conduct Medal (2nd Award) and Purple Heart.



      ___________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)                                         AR20140011656



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ABCMR Record of Proceedings (cont)                                         AR20140011656



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