IN THE CASE OF:
BOARD DATE: 27 August 2015
DOCKET NUMBER: AR20140020571
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 (PH).
2. The applicant states the PH is not listed on his DD 214 and he never received the PH or any other medals. His disability records contain information related to his service-connected gunshot wounds.
3. The applicant does not provide any additional information.
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 2 June 1969. The highest rank he held was specialist (SP4)/pay grade E-4.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 38 (Record of Assignments) during the period 4 May 1970 to 25 May 1970 he served with Company B, 2nd Battalion (Airmobile (AMBL)), 501st Infantry in the Republic of Vietnam (RVN) and during the period 26 May 1970 to 10 July 1970 he served with Company A, 2nd Battalion AMBL, 501st Infantry in the RVN. He received all "excellent" conduct and efficiency ratings throughout his military service.
c. Item 41 (Awards and Decorations):
* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14) and (M-16)
* Marksman Marksmanship Qualification Badge with Pistol Bar
4. General Orders (GO) Number 177, issued by Headquarters, 95th Evacuation Hospital, dated 8 July 1970 awarded him the PH for wounds received in action on or about 7 July 1970.
5. He received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on 16 November 1970 for violating a command policy letter.
6. He was honorably released from active duty on 1 June 1971 in pay grade E-4 and transferred to the U.S. Army Reserve. He completed 2 years of total active service. His DD Form 214 shows he was authorized the following:
* NDSM
* VSM with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar
7. The applicant's record is void of documentation showing he was the subject of any court-martial convictions.
8. A review of his record indicates he is entitled to additional awards not listed on his DD Form 214.
9. Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the Army Good Conduct Medal (AGCM) was awarded to individuals who completed a qualifying 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.
10. Department of the Army GO (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the following units:
a. Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.
b. Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.
DISCUSSION AND CONCLUSIONS:
1. GO awarded him the PH. He is entitled to correction of his DD Form 214 to show this award.
2. Notwithstanding the NJP he received for a minor infraction, evidence confirms the applicant served honorably during the period 2 June 1969 through 1 June 1971. He received "excellent" conduct and efficiency ratings throughout his military service. Based on his overall record of service it would be appropriate to award him the first award of the AGCM based on completion of a qualifying period of Federal military service. He is entitled to correction of his records to show this award.
3. He served in Vietnam during a period for which all U.S. Army units were awarded the RVN Gallantry Cross with Palm Unit Citation. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.
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 AGCM (1st Award) for the period 2 June 1969 through 1 June 1971 and
b. adding the following to his DD Form 214:
* PH
* AGCM (1st Award)
* RVN 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) AR20140020571
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ABCMR Record of Proceedings (cont) AR20140020571
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