IN THE CASE OF:  	  

		BOARD DATE:  26 May 2015	  

		DOCKET NUMBER:  AR20140019041 


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: 

* Army Commendation Medal with "V" Device
* Purple Heart (2nd Award)
* Bronze Star Medal
* Bronze Star Medal with "V" Device 

2.  The applicant states these awards are not on his DD Form 214.  Some were mailed to him after his separation. 

3.  The applicant provides:

* DD Form 214
* Certificate showing award of the Purple Heart (14 June 1969)
* General Orders (GO) Number 4050 (Bronze Star Medal with "V" Device)
* GO Number 187 (Bronze Star Medal)
* GO Number 5863 (Army Commendation 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's records show he was inducted into the Army of the United States on 13 May 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  Special Orders (SO) Number 146, issued by Headquarters, 1st Combat Training Brigade, Fort Jackson, SC, on 8 July 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  SO Number 198, issued by Headquarters, 3rd Advanced Individual Training Brigade, U.S. Army Training Center, Fort Benning, GA, on 1 October 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  SO Number 967, issued by Headquarters, U.S. Army Training Center, Fort Benning, GA, in October 1968, awarded him the Parachutist Badge. 

6.  He served in Vietnam from on or about 4 December 1968 to 3 December 1969.   He was assigned to Company C, 2nd Battalion, 60th Infantry, 9th Infantry Division. 

7.  Headquarters, 9th Infantry Division, published the following GO/SO awarding him the awards shown below: 

* SO Number 23, on 23 January 1968, the Combat Infantryman Badge
* GO Number 5032, on 28 April 1969, the Army Commendation Medal for achievement from December 1968 to April 1969 
* GO Number 5863, on 22 May 1969, the Army Commendation Medal with "V" Device for heroism on 29 April 1969 
* GO Number 6865, on 17 June 1969, the Purple Heart for wounds received in action on 14 June 1969 
* GO Number 8171, on 2 July 1969, the Air Medal for achievement 

8.  He was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 on 4 December 1969.  He completed 1 year, 6 months, and 22 days of active service with no lost time.  His DD Form 214 shows the:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart
* Combat Infantryman Badge
* Army Commendation Medal
* Air Medal

9.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* Item 40 (Wounds), he was twice wounded in combat; he was wounded on 5 February 1969 (fragments to right leg) and on 14 June 1969 (laceration to right foot)
* Item 41 (Awards and Decorations), one award of the Purple Heart; it does not show a second award 

10.  He provides: 

	a.  A certificate, dated 17 June 1969, that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 14 June 1969. 

	b.  GO Number 4050, issued by Headquarters, II Field Force, Vietnam, on 14 November 19609, awarding him the Bronze Star Medal with "V" device for heroism on 11 August 1969 .  

	c.  GO Number 187, issued by Headquarters, II Field Force, Vietnam, on 15 January 1970, awarding him the Bronze Star Medal for service from November 1968 to November 1969. 

11.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against and enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  A bronze oak leaf cluster signifies a second or a subsequent award.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.
13.  A review of the applicant's service record reveals no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignment) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

14.  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.

15.  Appendix B of Army Regulation 600-8-22 shows during his service in the Republic of Vietnam from on or about 4 December 1968 to on or about 3 December 1969, 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 VI   2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970

16.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his period of service in Vietnam with 2nd Battalion, 60th Infantry, this unit was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from January to June 1969 by DAGO Number 31, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 29 July 1969 to 20 July 1970, by DAGO Number 55, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969 by DAGO Number 59, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 26 July 1969 to 20 July 1970 by DAGO Number 55, dated 1971

17.  DA Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  
DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action on two separate occasions.  He was wounded on 5 February 1969 (fragments to right leg) and on 14 June 1969 (laceration to right foot) as evidenced by the entries on his DA Form 20.  He was awarded the Purple Heart for the second wound but not the first.  Therefore, he is entitled to award of the Purple Heart (2nd Award) and correction of his DD Form 214 to show both awards.  

2.  GO awarded him two awards of the Bronze Star Medal, one with a "V" Device for heroism. Therefore, he is entitled to correction of his DD Form 214 to show both awards of the Bronze Star Medal.

3.  GO awarded him two awards of the Army Commendation Medal, one with a "V" Device for heroism.  It appears his DD Form 214 inadvertently omitted the second award with the "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show both awards of the Army Commendation Medal. 

4.  SO awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and Parachutist Badge.  None of these badges is listed on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges. 

5.  The applicant served honorably during the period 13 May 1968 through 4 December 1969.  He completed a combat tour in Vietnam, received "excellent" conduct and efficiency ratings throughout his military service, attained the rank/grade of SGT/E-5, and was awarded multiple valor awards.  His records do not contain any derogatory information that would have disqualified him from receiving his first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show his medal.

6.  GO awarded his units of assignment in Vietnam two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

7.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns while serving in the Republic of Vietnam; therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.
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 13 May 1968 through 4 December 1969
* awarding him the Purple Heart (2nd Award) for wounds received in action on 5 February 1969
* deleting from his DD Form 214 the Purple Heart, Army Commendation Medal, and Vietnam Service Medal and adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Bronze Star Medal (2nd Award) with "V" Device
* Army Commendation Medal (2nd Award) with "V" Device
* Purple Heart (2nd Award) 
* Parachutist Badge
* Vietnam Service Medal with 4 bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross w/Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)



      __________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)                                         AR20140019041





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ABCMR Record of Proceedings (cont)                                         AR20140019041



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