IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140021321 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* a second award of the Bronze Star Medal 
* the Purple Heart
* his foreign service in Vietnam 

2.  The applicant states he has copies of General Order (GO) Number 3886 and GO Number 5247 that show he was awarded two Bronze Star Medals.  
GO Number 3886 stated he was wounded in action.  He was given the Purple Heart on 23 April 1969 when he was in the hospital.  He needs his records corrected to get Department of Veterans Affairs (VA) medical benefits and to be classified into category 3.  He needs his DD Form 214 to show proof that he served in Vietnam and received the Purple Heart.

3.  The applicant provides no additional evidence.

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 6 December 1967 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  On 1 July 1968, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for failing to go to his appointed place of duty at the prescribed time.

4.  He served in Vietnam from 4 September 1968 to 28 August 1969 while assigned to Company E, 4th Battalion, 3rd Infantry Regiment, 11th Infantry Brigade.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 26 July 1969.

5.  The following GO were issued by Headquarters, Americal Division, Vietnam:

* GO Number 2486, dated 9 April 1969, awarding him the Purple Heart for wounds received in action on 9 March 1968 (i.e. 1969)
* GO Number 3886, dated 21 May 1969, awarding him the Bronze Star Medal with “V” Device for heroism in action on 9 March 1969; these orders stated “Despite the enemy fire impacting all around him, he continued to move forward until he was wounded”
* GO Number 5247, dated 20 June 1969, awarding him the Bronze Star Medal with “V” Device for heroism in action on 12 May 1969
* GO Number 7128, dated 28 July 1969, amending GO Number 5247 to show he was awarded the Bronze Star Medal with “V” Device (1st Oak Leaf Cluster) (i.e., 2nd Award)

6.  A review of the Vietnam casualty roster confirms the applicant was wounded in action on 9 March 1969.

7.  He was honorably released from active duty on 28 August 1969 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 1 year, 8 months, and 23 days of creditable active service with no lost time.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows the:

* National Defense Service Medal 
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

8.  Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows he had 11 months and 27 days of service in the U.S. Army Pacific (USARPAC).  Item 30 (Remarks) is void of an entry that shows he served in Vietnam.  It does contain an entry that shows he was separated on temporary records.

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received “excellent” conduct and efficiency ratings throughout his service. 

10.  Other than the Article 15, his record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

11.  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.  

12.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-16
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal [with “V” Device] (2nd Award)
* Purple Heart
* 2 overseas service bars

13.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in four campaigns.

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.  

15.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It stated in item 30, for service in Vietnam, enter the inclusive dates of service in Vietnam (i.e. "Vietnam - 25 April 1970 through 28 May 1971, Indochina-Yes, Korea-No").

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant served in Vietnam from 4 September 1968 to 28 August 1969 which is not reflected on his DD Form 214. Therefore, his DD Form 214 should be corrected to show this foreign service.

2.  The evidence of record confirms he participated in four campaigns during his service in Vietnam and he was awarded the Vietnam Service Medal, Bronze Star Medal with “V” Device (2nd Award), Purple Heart, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), none of which are reflected on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 accordingly.  

3.  He served honorably from 6 December 1967 through 28 August 1969.  He served heroically in Vietnam, attained the rank of SGT, and received all “excellent” conduct and efficiency ratings throughout his service.  Other than the Article 15 he received for a minor infraction, his record is void of derogatory information or a commander's disqualification that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this medal.

4.  He served in Vietnam during a period his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  GO Number 2486, dated 9 April 1969, awarding him the Purple Heart incorrectly shows the date he was wounded in action as 9 March 1968 vice the actual date of 9 March 1969.  Therefore, it would be appropriate to amend this GO accordingly.


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:

* amending GO Number 2486, dated 9 April 1969, to show he was wounded in action on 9 March 1969 vice 9 March 1968
* awarding him the Army Good Conduct Medal (1st Award) for the period 6 December 1967 through 28 August 1969
* deleting from item 24 of his DD Form 214 the Bronze Star Medal
* adding to item 24 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars
* Bronze Star Medal with “V” Device (2nd Award)
* Purple Heart 
* Republic of Vietnam Campaign Medal with Device (1960) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

* adding to item 30 of his DD Form 214 the entry “Vietnam - 4 September 1968 through 28 August 1969, Indochina-Yes, Korea-No”



      __________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)                                         AR20140021321





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ABCMR Record of Proceedings (cont)                                         AR20140021321



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