IN THE CASE OF:	  

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140017012 


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 (2nd Award) and the Bronze Star Medal with "V" Device.

2.  The applicant states the awards were not entered on his DD Form 214 due to a clerical error.

3.  The applicant provides a DD Form 214, Purple Heart Certificate, and orders for the Bronze Star Medal with "V" Device.

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 27 June 1967.
3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  he served in Vietnam from 5 December 1967 to 11 November 1968;

	b.  he was assigned to Company  C, 9th Battalion, 198th Infantry Brigade from 10 December 1967 to 1 April 1968 and to Headquarters and Headquarters Company, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, from        2 April to 11 November 1968; and 

	c.  he received all "excellent" conduct and efficiency ratings throughout his period of active duty service.

4.  His records are void of any unfavorable information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

5.  Headquarters, 27th Surgical Hospital, General Orders Number 143, dated      6 November 1968, awarded him the Purple Heart with first oak leaf cluster (2nd Award) for wounds received in action on 5 November 1968.

6.  Headquarters, Americal Division, General Orders Number 9676, dated 
27 December 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force on 
5 November 1968.

7.  He was honorably released from active duty on 26 June 1970, in the rank/grade of specialist five/E-5 after completing 3 years of active service with no lost time.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Medical Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* two overseas service bars

8.  He provided a Purple Heart Certificate that shows he was awarded the Purple Heart for wounds received in action on 30 April 1968.

9.  Army Regulation 672-5-1 (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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.

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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B of this regulation shows that during his service in Vietnam, participation credit was awarded for five campaigns.

11.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the Purple Heart (2nd Award) and the Bronze Star Medal with "V" Device was carefully considered.

2.  His DD Form 214 shows he was awarded the Purple Heart (1st Award); however, general orders confirm he was awarded the second award of the Purple Heart for wounds sustained on 5 November 1968.  Therefore, his 
DD Form 214 should be corrected to show the Purple Heart (2nd Award).

3.  General orders show he was awarded the Bronze Star Medal with "V" Device for actions on 5 November 1968.  Therefore, this award should be added to his DD for 214.

4.  He received all "excellent" conduct and efficiency ratings throughout his active duty service and his records are void of derogatory information or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal, for the period 27 June 1967 to 26 June 1970, and to add this award to his DD Form 214.

5.  He participated in five campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star for wear on his Vietnam Service Medal and correction of his DD Form 214 to reflect the silver service star.

6.  All units that served in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This unit award should also be added to his DD Form 214.

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 
27 June 1967 to 26 June 1970; and

	b.  amending his DD Form 214 by deleting the Purple Heart and the Vietnam Service Medal and adding the:

* Purple Heart (2nd Award)
* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one silver service star
* 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)                                         AR20140017012



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140017012



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1