IN THE CASE OF:	  

		BOARD DATE:	 24 March 2015 

		DOCKET NUMBER:  AR20140013157 


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 reflect award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states he was wounded in action on 31 October 1967 and was awarded the Purple Heart, but never received the medal.  Upon filing a claim with the U.S. Department of Veterans Affairs, he discovered there was no reference to the awards in his records.  In his mother's belongings, he found paperwork pertaining to his award of the Purple Heart which he hadn't seen in 47 years and subsequently submitted with his application.  Neither the Purple Heart nor Combat Infantryman Badge is listed on his DD Form 214, but he was awarded both and would like his records corrected to reflect this.

3.  The applicant provides:

* Headquarters, 9th Infantry Division, General Orders Number 6171, dated 13 November 1967
* Purple Heart Certificate, dated 13 November 1967

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 was inducted into the Army of the United States on 18 May 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 10 January 1967 through 5 January 1968.  He was assigned as an infantry indirect fire crewman to Companies A and E, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division, from 28 January 1967 through 6 August 1967.  He was further assigned as an infantry indirect fire crewman to Company A and Headquarters and Headquarters Company, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, from 7 August 1967 through 5 January 1968.  He participated in two campaigns.

4.  His records contain Headquarters, 9th Infantry Division, Special Orders Number 69, dated 10 March 1967, awarding him the Combat Infantryman Badge (1st Award).

5.  He provided Headquarters, 9th Infantry Division, General Orders Number 6171, dated 13 November 1967, awarding him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 31 October 1967.

6.  He was honorably released from active duty on 17 May 1968 after completing 2 years of active duty service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars

7.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings.

8.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  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-martial.

9.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited 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.  This pamphlet shows the 4th Battalion, 47th Infantry Regiment, was awarded the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by Department of the Army General Orders Number 31, dated 1969; and

		(2)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through  28 June 1969 by Department of the Army General Orders Number 59, dated 1969.

	b.  This pamphlet shows the 5th Battalion, 60th Infantry Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders awarding him the Purple Heart and Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart and Combat Infantryman Badge.

2.  He served honorably during the period 18 May 1966 through 17 May 1968.  There is no evidence in his records of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal and participated in two campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars with his Vietnam Service Medal.

4.  General orders awarded the units to which the applicant was assigned in Vietnam one Republic of Vietnam Gallantry Cross with Palm Unit Citation and two Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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:

* awarding him the Army Good Conduct Medal (1st Award) for the period 18 May 1966 through 17 May 1968
* adding the following awards to his DD Form 214 –

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)


* Combat Infantryman Badge
* two bronze service stars with his already-awarded Vietnam Service Medal



      _____________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)                                         AR20140013157



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ABCMR Record of Proceedings (cont)                                         AR20140013157



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