BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150000288 


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.  

2.  The applicant states, in effect, he was awarded the Purple Heart for wounds received in Vietnam, but his DD Form 214 does not show the award.  He did not receive his medal even though he was in the hospital.

3.  The applicant provides his DD Form 214.

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 29 September 1969 and he held military occupational specialty 17K (Ground Surveillance Radar Crewmember).  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 12 March 1971.  He served in Vietnam from 17 January to 14 July 1971 while assigned as follows from:

* 17 January to 16 April 1971, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division (ID)
* 17 April to 14 July 1971, 3rd Battalion, 21st Infantry Regiment, 23rd ID

3.  General Orders (GO) Number 5346, dated 10 May 1971, issued by Headquarters (HQ), 23rd ID, awarded the applicant the Purple Heart for wounds received in action on 30 April 1971.

4.  On 2 July 1971, he received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice, for sleeping and being drunk while on telephone watch.  The punishment imposed was a forfeiture of $100 pay for 1 month.

5.  He was honorably released from active duty on 15 July 1971 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 1 year, 9 months, and 17 days of creditable active service with no lost time.  

6.  The DD Form 214 he was issued shows he was awarded or authorized the:

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Campaign Medal
* Vietnam Service Medal
* 2 Overseas Service Bars

7.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service except for the period from 2 May to 16 June 1970 when he was in a temporary duty (TDY) status and received "unknown" ratings.  

8.  Other than the NJP he received on 2 July 1971, his record is void of any other 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).

9.  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 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  "Unknown" ratings did not disqualify an individual from being awarded the Army Good Conduct Medal.

10.  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 two campaigns.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 21st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 18 April through 31 August 1971, by Department of the Army General Orders Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Purple Heart which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this award.

2.  He served honorably from 29 September 1969 to 15 July 1971.  He served in Vietnam, attained the rank of SGT, and received all "excellent" conduct and efficiency ratings except for a period of just over 1 month when he was TDY and received an "unknown" rating.  Except for the NJP he received on one occasion, his record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and correct his DD Form 214 to show this award.

3.  His record confirms he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and his DD Form 214 should be corrected accordingly.
4.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

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 the applicant the Army Good Conduct Medal (1st Award) for the period 29 September 1969 through 15 July 1971;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

   c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* 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)                                         AR20150000288



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ABCMR Record of Proceedings (cont)                                         AR20150000288



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