IN THE CASE OF:	  

		BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150001713 


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
* the 25th Infantry Division as his last duty assignment

2.  The applicant states he was wounded in action in South Vietnam in February 1967.

3.  The applicant provides copies of his DD Form 214 and Purple Heart Certificate.

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 October 1965.  He completed training as a light weapons infantryman.

3.  He arrived in Vietnam on 15 July 1966 and he was assigned to Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division.  He participated in the Vietnam Counteroffensive Phase II Campaign, which extended from 1 July 1966 through 31 May 1967 and the Vietnam Counteroffensive Phase III Campaign, which extended from 1 June 1967 through 29 January 1968.

4.  Although the available orders are partially illegible, General Orders Number 50 were issued by Headquarters ___ Evacuation Hospital on 28 February 1967 awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 26 February 1967.  The applicant’s unit is listed as Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division.

5.  On 16 July 1967 he was honorably released from active duty as an overseas returnee.  He completed 1 year, 9 months, and 12 days of total active service.  

6.  Item 12 (Last Duty Assignment and Major Command) on his DD Form 214 shows he was assigned to the 24th Infantry Division.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Expert Marksmanship Qualification Badge (Rifle M-14)

7.  The applicant's name is shown on the Vietnam Casualty Listing as a battle casualty.

8.  There is no evidence in his records of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.  His records show he had all “excellent” conduct and efficiency ratings while he was in the Army.

9.  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.  The enlisted person must have had all “excellent” conduct and efficiency ratings.  Ratings of “unknown” for portions of the period under consideration were not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least “good” rendered subsequent to 22 November 1955 were not disqualifying.  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.

10.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  In this case, a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968 by Department of the Army General Order (DAGO) Number 48, dated 1971 and the 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.

12.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  The regulation stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active Army service at the time of release from active duty (REFRAD), retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is a synopsis of a Soldier’s most recent period of continuous active service and is meant to provide a brief, clear-cut record of active Army service at the time of REFRAD, retirement or discharge.  It generally lists the last unit to which the Soldier was assigned.  

2.  The evidence of record shows the applicant was assigned to Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division when he left Vietnam and was separated as an overseas returnee on 16 July 1967.  His DD Form 214 should be amended to reflect his unit as such.
3.  The applicant was awarded the Purple Heart in General Orders Number 50, dated 28 September 1967.  This award should be added on his DD Form 214.

4.  There is no evidence in his record of any court-martial convictions, personnel actions, or statements that would justify disqualification for award of the Army Good Conduct Medal.  In accordance with Army Regulation 600-8-22, he should be awarded the Army Good Conduct Medal (1st Award) for the period 5 October 1965 through 16 July 1967 and his DD Form 214 should be corrected to show this award.  

5.  General orders awarded his unit in the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation during the time he was assigned to the unit.  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 Army Good Conduct Medal (1st Award) for the period 5 October 1965 through 16 July 1967.

	b.  Amending item 12 on his DD Form 214 dated 16 July 1967, to show his last duty assignment and major command as " Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division."

	c.  Amending item 24 on his DD Form 214 to add the following awards:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal, First Class Unit        Citation
* Two bronze service stars to be affixed to his already-awarded          Vietnam Service Medal



      ___________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)                                         AR20150001713



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ABCMR Record of Proceedings (cont)                                         AR20150001713



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