IN THE CASE OF:  	  

		BOARD DATE:  2 April 2015	  

		DOCKET NUMBER:  AR20140013340 


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 the Purple Heart and Bronze Star Medal. 

2.  The applicant states, in effect, his DD Form 214 inadvertently omitted the Purple Heart. 

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Citation, Certificate, and General Orders (GO) Number 4297, for award of the Bronze Star Medal
* GO Number 81 for award of the Purple Heart

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 records show he was inducted into the Army of the United States on 10 November 1965 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  Item 29 (Qualifications in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified expert with the M-60 Machine Gun on 28 April 1966. 

4.  He served in Vietnam from on or about 2 August 1966 to 30 May 1967.  He was assigned to Company C, 5th Battalion, 7th Cavalry.  

5.  He sustained a gunshot wound to the left shoulder and chest and fragments to the right thigh on 13 April 1967.  He was evacuated through the 7th Field Hospital on or about 26 April 1967.

6.  GO Number 81, issued by Headquarters, 85th Evacuation Hospital on 18 April 1967, awarded him the Purple Heart for wounds received in action on 14 April 1967. 

7.  GO Number 2590, issued by Headquarters, 1st Cavalry Division on 22 May 1967, awarded him the Bronze Star Medal for meritorious achievement from 
20 August 1966 to 28 February 1967. 

8.  Following treatment, he was reassigned to and served in Korea from 31 May 1967 to on or about 13 August 1967.  

9.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 15 August 1967.  His DD Form 214 shows he completed 1 year, 9 months, and 6 days of active service with no lost time.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Combat Infantryman Badge
* Air Medal
* one overseas service bar 

10.  A review of his service record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Furthermore, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his service in Vietnam, campaign participation credit was awarded for the below campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  He participated in the Vietnam Counteroffensive Phase (1 July 1966 to 31 May 1967) campaign.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows during his service with the 5th Battalion, 7th Cavalry from August 1966 to May 1967 in Vietnam, this unit was cited for awards of the: 

* Valorous Unit Award, for service from 1 to 31 October 1967, by DAGO Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 9 August 1965 to 19 May 1969 by DAGO Number 59, dated 1969

14.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart and the Bronze Star Medal, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards. 

2.  The applicant qualified expert with the M-60 Machine Gun.  Therefore, he is entitled to award of the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60) and correction of his DD Form 214 to show this badge.
3.  He was awarded the Vietnam Service Medal.  He also participated in one campaign during his service in Vietnam.  Therefore, he is entitled to a bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

4.  His unit in Vietnam was awarded the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards. 

5.  He served honorably from 10 November 1965 through 15 August 1967.  He served in Vietnam, attained the rank/grade of SGT/E-5, and received "excellent" efficiency and conduct ratings throughout his military service.  His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal and correct his DD Form 214 to show this medal.

6.  He served in Korea from May to August 1967.  This qualifies him for award of the Korea Defense Service Medal and correction of his DD Form 214 to show it. 

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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 November 1965 through 15 August 1967
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart
* Bronze Star Medal
* Vietnam Service Medal with a bronze service star
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
(M-60)
* Valorous Unit Award
* Korea Defense Service Medal
* 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)                                         AR20140013340





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ABCMR Record of Proceedings (cont)                                         AR20140013340



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