IN THE CASE OF:	   

		BOARD DATE:	  8 September 2015

		DOCKET NUMBER:  AR20150000662 


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 he was awarded or authorized the Purple Heart (2nd Award), the Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal with Device (1960).

2.  The applicant states the above-mentioned awards were left off his DD Form 214 due to a clerical error.  

3.  The applicant provides a copy of his DD Form 214 and:

* General Orders Number 2942 and associated Purple Heart Certificate, dated 11 March 1970
* General Orders Number 117 and associated Purple Heart Certificate, dated 18 May 1970
* Special Orders Number 140, dated 20 May 1970

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 5 August 1969, held military occupational specialty (MOS) 11B (Light Weapons Infantryman), and attained the rank/grade of specialist four (SP4)/E-4.

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

	a.  Items 31 (Foreign Service) and 38 (Record of Assignments), he served in the Republic of Vietnam from 8 January 1970 to 22 May 1970, where he served with Company B, 1st Battalion (Mechanized), 5th Infantry Regiment, 25th Infantry Division.  He was in a patient status from 22 May 1970 to 24 September 1970.  

	b.   Item 40 (Wounds), he received fragment wounds to the right leg on 
6 March 1970 and fragment wounds to the left leg and abdomen on 16 May 1970.

	c.  Item 41 (Awards and Decorations), he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machinegun Bar 
(M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

4.  General Orders Number 2942, issued by Headquarters, 25th Infantry Division on 11 March 1970, awarded him the Purple Heart (1st Award) for wounds he received in action on 6 March 1970.

5.  General Orders Number 117, issued by Headquarters, 3rd Field Hospital on 
18 May 1970, awarded him the Purple Heart (2nd Award) for wounds he received in action on 17 May 1970.

6.  Special Orders Number 140, issued by Headquarters, 25th Infantry Division on 20 May 1970, awarded him the Combat Infantryman Badge, effective           22 March 1970.

7.  He was honorably released from active duty on 4 August 1971.  His DD Form 214 shows he was awarded or he completed 2 years of net active service of which 4 months and 15 days were credited as foreign service.  Additionally, his DD form 214 shows he was awarded or authorized the:

* Bronze Star Medal with "V" Device
* Purple Heart 
* National Defense Service Medal
* Vietnam Service Medal

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  

   a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than 6 months of service but were wounded as a result of hostile action; were captured by hostile forces but later escaped or were rescued or released; and/or were killed in action or otherwise in line of duty.

   b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns:

* Vietnam Winter-Spring 1970  (1 November 1969 – 30 April 1970)
* DA Sanctuary Counteroffensive  (1 May 1970 – 30 June 1970)

   c.  Marksmanship qualification badges are awarded to indicate the degree - Expert, Sharpshooter, and Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.  

9.  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 1st Battalion, 5th Infantry was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970, by DAGO Number 5, dated 1973 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970, by DAGO Number 51, dated 1971 

10.  A review of his service records shows he had "excellent" conduct and efficiency ratings.  His record is void of documentation that shows he was awarded the Army Good Conduct Medal; however, it is also void of documentation that shows he was subject to any disciplinary actions during his period of service, including court-martial convictions.  

11.  Army Regulation 672-5-1 (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 more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart (2nd Award), which is not shown on his DD Form 214.  

2.  Special orders awarded him the Combat Infantryman Badge, which is not shown on his DD Form 214.

3.  The applicant served less than 6 months in Vietnam but was wounded in action.  He meets the criteria for the Republic of Vietnam Campaign Medal with Device (1960).  

4.  The evidence of record shows he participated in two campaigns while serving in Vietnam.  He is authorized two bronze service stars for wear with his previously-awarded Vietnam Service Medal.

5.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards are not shown on his DD Form 214.

6.  He served honorably during the period 5 August 1969 to 4 August 1971.  There is no derogatory information in the form of nonjudicial punishment or suspension of favorable personnel actions that would disqualify him for the first award of the Army Good Conduct Medal.  Additionally, he received "excellent" conduct and efficiency ratings.  It appears he met the criteria for this award.

7.  His DA Form 20 shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  These qualification badges are not shown on his DD Form 214.  

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 Army Good Conduct Medal (1st Award) for the period  
5 August 1969 to 4 August 1971; and

	b.  amending his DD Form 214 by deleting the Purple Heart and the Vietnam Service Medal and adding the:

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



      _____________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)                                         AR20150000662





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ABCMR Record of Proceedings (cont)                                         AR20150000662



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