IN THE CASE OF:	  

		BOARD DATE:	  16 April 2015

		DOCKET NUMBER:  AR20140015593 


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 (2nd Award).

2.  The applicant states an inadvertent administrative error occurred during the processing of his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Headquarters, 1st Cavalry Division, General Orders Number 14898, dated 12 December 1968
* Headquarters, 1st Cavalry Division, General Orders Number 5449, dated 4 May 1969

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 8 February 1968.

3.  He served in Vietnam from 14 July 1968 through 11 July 1969 while assigned to Company A, 2nd Battalion, 7th Cavalry Regiment, 1st Air Cavalry Division.  He participated in four campaigns during this period.

4.  Headquarters, 1st Cavalry Division, General Orders Number 14898, dated 12 December 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 4 December 1968.

5.  Headquarters, 1st Cavalry Division, General Orders Number 5449, dated 4 May 1969, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 27 April 1969.

6.  His records show he received all "excellent" conduct and efficiency ratings.  There is no evidence of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

7.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* two overseas service bars
* Purple Heart (2nd Award)
* Air Medal
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  On 6 February 1970, he was honorably released from active duty.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* two overseas service bars
* Air Medal
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  Army Regulation 672-5-1 (Decorations and 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-martial.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

11.  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 following awards for the unit to which the applicant was assigned:

	a.  2nd Battalion, 7th Cavalry Regiment - 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by Department of the Army General Order (DAGO) Number 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation or the period 1 January 1969 to 1 February 1970 by DAGO Number 42, dated 1972

	b.  Company A, 2nd Battalion, 7th Cavalry Regiment – Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 by DAGO Number 70, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant two Purple Hearts.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served honorably during the period 8 February 1968 through 6 February 1970.  He received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) for the period 8 February 1968 to 6 February 1970 and to correct his DD Form 214 to show this award.

3.  He participated in four campaigns during his service in Vietnam.  Therefore, he is authorized correction of his DD Form 214 to show four bronze service stars with his previously-awarded Vietnam Service Medal.

4.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 2nd Battalion, 7th Cavalry Regiment, and to Company A, 2nd Battalion, 7th Cavalry Regiment, during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  General orders awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 2nd Battalion, 7th Cavalry Regiment, during his period of assignment.  Therefore, he is authorized correction of his DD Form 214 to show this unit award.

6.  Records show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is authorized correction of his DD Form 214 to show this badge.

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 (1st Award) for the period 8 February 1968 to 6 February 1970,
	b.  deleting the following awards from his DD Form 214 –

* Purple Heart
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

	c.  adding the following awards to his DD Form 214 –

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      ____________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)                                         AR20140015593



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ABCMR Record of Proceedings (cont)                                         AR20140015593



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