IN THE CASE OF:	  

		BOARD DATE:	  10 March 2015

		DOCKET NUMBER:  AR20140012810 


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 award of the Purple Heart. 

2.  The applicant states the Purple Heart is not listed on his DD Form 214.

3.  The applicant provides a copy of DA Form 8-275-3 (Clinical Record Cover Sheet).

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 enlisted in the Regular Army on 16 August 1965.  He completed training and was awarded military occupational specialty 51N (Water Supply Specialist).  Evidence shows he served in the Republic of Vietnam from
20 November 1967 to 5 August 1968 with Headquarters and Headquarters Company, 326th Engineer Battalion.

3.  His record contains:

   a.  Special Orders Number 75, issued by Headquarters, 3rd Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 1 October 1965, which show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14);
   
   b.  Special Orders Number 139, issued by Headquarters, 101st Airborne Division and Fort Campbell, KY, dated 10 June 1966, which show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and
   
   c.  General Orders Number 91, issued by Headquarters, 67th Evacuation Hospital, dated 22 March 1968, which show he was awarded the Purple Heart for wounds received in action on 21 March 1968. 

4.  His record does not contain a record of a commander's disqualification for award of the Army Good Conduct Medal, which would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).  His DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings were all "excellent."

5.  On 6 August 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal 
* Parachutist Badge 

6.  Army Regulation 600-8-22 (Military Awards) provides that the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following four campaigns:
* Vietnam Counteroffensive, Phase III
* Tet Counteroffensive
* Vietnam Counteroffensive, Phase IV
* Vietnam Counteroffensive, Phase V

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 326th Engineer Company was cited for award of the:

   a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970; and

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by DAGO Number 48, dated 1971.

8.  Army Regulation 600-8-22 also states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have 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.  General orders awarded him the Purple Heart.  Therefore, his DD Form 214 should be corrected to show this award.

2.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  The applicant participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to award of four bronze service stars for wear on his previously-awarded Vietnam Service Medal.
4.  Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  The evidence shows the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  The evidence of record confirms he served honorably during the period 16 August 1965 through 6 August 1968.  The evidence also shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record 
does not contain a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate at this time to award him this medal for the period 
16 August 1965 through 6 August 1968 and correct his DD Form 214 to show this medal.

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 Army Good Conduct Medal (1st Award) for the period 16 August 1965 through 6 August 1968;
   
   b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding to his DD Form 214 the following:

* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)



      _______ _   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)                                         AR20140012810



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140012810



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1