IN THE CASE OF:  	  

		BOARD DATE:  17 September 2015	  

		DOCKET NUMBER:  AR20150001310 


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 his Purple Heart be added to his DD Form 214 (Report of Transfer or Discharge).

2.  The applicant states the Purple Heart was left off his DD Form 214 when he out-processed. 

3.  The applicant provides copies of his Purple Heart Certificate and orders awarding him the Purple Heart. 

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 and entered active duty on 5 August 1969.  Following training as an infantryman he served in Vietnam with the Americal Division.

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

   a.  item 38 (Record of Assignments) – 
   
* service with C Company, 4th Battalion, 21st Infantry from 23 January to 27 November 1970
* exclusively excellent conduct and efficiency ratings

b.  item 40 (Wounds) “FW R ARM” [fragment wound right arm] “17 April” (illegible year).

c.  item 41 (Awards and Decorations) – 

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Army Commendation Medal (2nd Award)
* Combat Infantryman Badge
* Two Overseas Service Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  In addition to the awards shown on his DA Form 20, orders in the applicant’s record show he was awarded the Expert Marksmanship Qualification Badge with Mortar Bar. 

5.  The applicant returned to the United States and after a brief assignment he was honorably released from active duty early to attend school.  His DD Form 214 lists his authorized awards as the – 

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* RVN Campaign Medal with Device (1960)

6.  The Purple Heart Certificate and Americal Division General Orders Number 4067 dated 18 April 1970, which the applicant submitted with his application, show he was awarded the Purple Heart for wounds received in action on 15 April 1970. 
 
7.  The applicant appears to be eligible for other awards as follows:  
   a.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

   b.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The applicant’s tour of duty coincided with the following four designated campaign periods – 

* Vietnam Winter - Spring 1970 from 1 November 1969 to 30 April 1970
* Sanctuary Counteroffensive from 1 May to 30 June 1970
* Vietnam Counteroffensive Phase VII from 1 July 1970 to 30 June 1971
* Consolidation I from 1 July to 30 November 1971

   c.  Department of the Army General Order (DAGO) 42, dated 1970 awarded the RVN Gallantry Cross with Palm Unit Citation to 4th Battalion, 21st Infantry for the period 31 March to 30 June 1970.

8.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  This regulation gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the Purple Heart be added to his DD Form 214.

2.  Americal Division General Orders show he was wounded in action on 15 April 1970 and awarded the Purple Heart. 

3.  His DA Form 20 show he was awarded several decorations and awards that are not listed on his DD Form 214.  These include – 
 
* Army Commendation (2nd Award)
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar

4.  Notwithstanding the absence of a commander’s recommendation for the Army Good Conduct Medal the applicant distinguished himself by his exclusively excellent conduct and efficiency ratings and his combat service.  He should be awarded the Army Good Conduct Medal at this time.

5.  He served during four designated campaign periods and is entitled to wear the Vietnam Service Medal with four bronze service stars.

6.  His unit was awarded the RVN Gallantry Cross with Palm Unit Citation during his tour of duty with the unit.

7.  All of the above awards should be added to 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 for the period 5 August 1969 to 11 June 1971;

   b.  deleting the Vietnam Service Medal with 2 bronze service stars from his DD Form 214; and

   c.  adding the following awards to his DD Form 214.

* Purple Heart
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar  



                                                                 ________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)                                         AR20150001310



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150001310



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1