BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140017732 


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) ending on 5 January 1970 to show: 

* Purple Heart
* Army Commendation Medal
* Meritorious Service Medal 
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal 

2.  The applicant states:

* he was issued the Purple Heart on 14 April 1997 for a hostile injury that occurred on 10 June 1968
* the Army Commendation Medal was omitted possibly due to the misspelling of his name and the listing of the wrong unit 
* the Meritorious Service Medal was presented when he retired from the Selected Reserve in 1997
* the three awards of the Army Achievement Medal were awarded after he left active duty and was serving in the U.S. Army Reserve (USAR)
* he never received orders for the Army Good Conduct Medal; he served on active duty for 4 years with no disciplinary action 


3.  The applicant provides:

* DD Form 214, ending on 5 January 1970
* ARPC Form 249-E (Chronological Statement of Retirement Points), dated 11 February 1997
* Permanent Orders (PO) 105-3 and certificate for award of the Purple Heart, dated 15 April 1997
* General Orders (GO) Number 13493 and certificate for award of the Army Commendation Medal, dated 26 December 1968
* DA Form 638 (Recommendation for Award) and certificate awarding him the Meritorious Service Medal, dated 6 April 1998
* Two DA Forms 638 and one certificate for award of the Army Achievement Medal
* Memorandum for Record, dated 22 October 1998, awarding him the Army Reserve Components Achievement Medal 
* DA Form 1577 (Authorization for Issuance of Awards), dated 20 October 1988

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 service records for his active duty time from 6 January 1966 to 5 January 1970 are not available for review with this case.  His DD Form 214 shows he enlisted in the Regular Army for 4 years on 6 January 1966. 

3.  His DD Form 214 also shows at the time of his separation, he held military occupational specialty (MOS) 11E (Armor Crewman) and he was assigned to the 4th Battalion, 37th Armor, Fort Knox, KY. 

4.  He was honorably released from active duty on 5 January 1970 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligations.  His DD Form 214 also shows he/he was: 
* held the temporary (T) rank/grade of staff sergeant (SSG)/E-6 and the permanent (P) rank/grade of specialist four (SP4)/E-4
* completed 4 years of active service of which 11 months and 29 days was foreign service in the U.S. Army Pacific (USARPAC); he had no lost time
* awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

5.  His available records also show he was transferred to the USAR on 6 January 1970 and he was honorably discharged from the USAR on 5 January 1972. 

6.  After a break in service, he enlisted in the USAR on 5 January 1974.  He served continuously in the USAR (or the Army National Guard) through multiple extensions or reenlistments and he was ultimately transferred to the Retired Reserve on 9 May 1997. 

7.  He was placed on the Retired List in his retired rank/grade of sergeant first class (SFC)/E-7 on 16 November 2005, his 60th birthday. 

8.  He provides: 

	a.  PO Number 106-3 and a certificate, issued by Headquarters, Total Army Personnel Command on 15 April 1997, awarding him the Purple Heart for wounds received in action on 10 June 1968, while assigned to the 2nd Battalion, 34th Armor, 1st Infantry Division, in Vietnam. 

	b.  GO Number 13493, issued by Headquarters, 1st Infantry Division on 26 December 1968, awarding him the Army Commendations Medal for meritorious achievement on 21 November 1968, while assigned (or attached) to Company B, 2nd Battalion, 2nd Infantry, in Vietnam. 

	c.  PO Number 96-21, issued by the 90th Reserve Support Command on 
6 April 1998 awarding him the Meritorious Service Medal for service from 
6 January 1966 to 9 May 1997. 

	d.  PO Number 93-322, issued by Headquarters, 469th Quartermaster Group on 18 August 1993, awarding him the Army Achievement Medal for achievement from 14 May to 4 June 1993. 

	e.  PO Number 94-27, issued by Headquarters, 469th Quartermaster Group on 23 August 1994, awarding him the Army Achievement Medal (1st Oak Leaf Cluster) for service from 5 August 1991 to 1 February 1994.  

	f.  Memorandum for Record, issued by the Commander, 877th Quartermaster Company on 22 October 1995 awarding him the Army Reserve Components Achievement Medal (3rd Award). 

	g.  DA Form 1577, dated 20 October 1988, shipping to the applicant award of the Army Good Conduct Medal. 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 

10.  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 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.  Ratings of “Unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows during his (approximate dates of) 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.  

* Vietnam Counteroffensive Phase IV, 2 April - 30 June 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI   2 November 1968 - 22 February 1969

12.  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 served on active duty from 6 January 1966 to 5 January 1970.  He was issued a DD Form 214 that captured his active service during this period and reflects the conditions and circumstances that existed at the time the DD Form 214 was created; i.e., at the time of his separation.  As such, any awards or decorations that were awarded after his active duty service for an act, achievement or service that is not covered by the DD Form 214 would not be listed on that form. 

	a.  PO awarded him the Purple Heart for wounds received in action in Vietnam.  Although the orders were issued in 1997, the act occurred in April 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

	b.  GO awarded him the Army Commendation Medal on 26 December 1968.  This award is not listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this award. 

	c.  The Meritorious Service Medal was awarded by PO Number 96-21, issued on 6 April 1998, for service from 6 January 1966 to 9 May 1997.  Although a portion of the period of service on this award overlapped with his active service, the award was mostly awarded for his USAR service, as a retirement award, in 1997 and would not be listed on his DD Form 214.   

	d.  The two (not three) awards of the Army Achievement Medal and the Army Reserve Components Achievement Medal (3rd Award) were awarded in the 
mid-1990s for service or achievement that occurred long after his active duty service. None of these awards would or should be added to his DD Form 214. 

	e.  The Army Good Conduct Medal cannot be verified.  However, there is sufficient evidence to award him this award.

		(1)  The DA Form 1577 he submitted with this application showing the Army Good Conduct Medal had been shipped to him is noted.  However, this form is insufficient to show his entitlement to this award. 

		(2)  In order to be awarded the Army Good Conduct Medal he would have had to have served for 3 continuous years and must have had all “excellent” conduct and efficiency ratings.  His contemporaneous DA Form 20 (Enlisted Qualification Record) which would have listed his conduct and efficiency ratings is not available for review with this case.  

		(3)  However, he completed 4 continuous years of active service, completed nearly a year of foreign service in USARPAC, attained the rank/grade of SSG/E-6 (T), was awarded multiple combat awards, and he was fully eligible to reenlist when he was separated in 1970.  It appears his conduct and efficiency ratings were indeed excellent.  As such, he appears to have met the criteria for award of the Army Good Conduct Medal and should be entitled to this award and its addition to his DD Form 214. 

2.  A review of his records entitled him to additional awards which are not shown on his DD Form 214.  He completed 11 months and 29 days of foreign service in USARPAC.  His exact dates of service in USARPAC are unknown.  Likewise, his dates of service and unit of assignment in Vietnam are also unknown.  

	a.  He was awarded the Purple Heart for wounds received in action on 10 June 1968, while assigned to the 2nd Battalion, 34th Armor, 1st Infantry Division, in Vietnam. 

	b.  He was awarded the Army Commendations Medal for meritorious achievement on 21 November 1968, while assigned (or attached) to Company B, 2nd Battalion, 2nd Infantry, in Vietnam. 

	c.  Based on awards of the Purple Heart and Army Commendation Medal, he was in Vietnam from at least 10 June 1968 to 21 November 1968.  During this period, campaign participation credit was awarded for 3 campaigns.  He was awarded the Vietnam Service Medal and he also appears to have participated in three campaigns while serving in Vietnam; therefore, he is entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

	d.  His award orders reflect different units of assignment in Vietnam.  Unit citations cannot therefore be verified.  Nevertheless, GO Number 8 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to the U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.  Therefore, he is entitled to adding this unit award to his DD Form 214.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  ___X_____  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 6 January 1966 through 5 January 1969
* deleting from his DD Form 214 the Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Purple Heart 
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding to his DD Form 214, ending on 5 January 1970 the Meritorious Service Medal, Army Achievement Medal (3rd Award), and Army Reserve Components Achievement 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)                                         AR20140017732



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ABCMR Record of Proceedings (cont)                                         AR20140017732



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