IN THE CASE OF:	  

		BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150002008


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 the Purple Heart.

2.  The applicant states he received the award but it was omitted from his 
DD Form 214.

3.  The applicant provides a copy of his 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 24 October 1968.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 

3.  His DA Form 20 (Enlisted Qualification Record) reflects the following entries:

     a.  Item 29 (Qualification in Arms) shows he qualified as a Sharpshooter on the M-14 (Rifle), M-16 (Rifle), and the M-60 (Machinegun).

     b.  Item 31 (Foreign Service) shows he served in the Republic of Vietnam from 31 March 1969 through 23 March 1970. 

     c.  Item 38 (Record of Assignments) shows he served with Company B, 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division (Airmobile) during his service in the Republic of Vietnam.

4.  A review of his records revealed the following:

     a.  General Order Number 54, issued by Headquarters, 85th Evacuation Hospital on 26 May 1969, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 25 May 1969.

     b.  General Orders Number 1590, issued by Headquarters, 101st Airborne Division (Airmobile) on 9 February 1970, awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 September 1969 to 31 January 1970.

	c.  General Orders Number 2394, issued by Headquarters, 101st Airborne Division (Airmobile) on 4 March 1970, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam from 1 May 1969 to 28 February 1970.

     d.  General Orders Number 3231, issued by Headquarters, 101st Airborne Division (Airmobile) on 24 March 1970, awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam from 1 May 1969 to 30 September 1969.  

     e.  General Orders Number 4449 issued by Headquarters, 101st Airborne Division (Airmobile), dated 20 April 1970, awarded him the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 6 February 1970.

5.  On 21 August 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960) 

6.  His record indicates he is entitled to additional awards that are not shown on his DD Form 214.

7.  There is no indication in his available record that shows he was awarded the Army Good Conduct Medal.  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of a commander's disqualification for the award.  Additionally, there is no evidence of any convictions by courts-martial or nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ).

8.  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, and he/she could not have been convicted by court-martial.

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

   a.  The Combat Infantryman Badge (CIB) is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS.  There are three requirements for award of the CIB:  the Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. 

   b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Table B-1 shows during his service in Vietnam, campaign participation was awarded for the following three campaigns:  


* Tet 69 Counteroffensive, (23 February 1969 - 8 June 1969)
* Vietnam Summer-Fall 1969, (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970, (1 November 1969 - 30 April 1970)
  
   c.  The Marksmanship Qualification Badge is 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.  The qualification should be shown as:  Expert Marksmanship Qualification Badge with Rifle Bar.

10.  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 the:

* Presidential Unit Citation, for service during the period 10-21 May 1969, by Department of the Army General Orders (DAGO) Number 16, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for service during the period 15 August 1968 – 14 May 1969, by DAGO Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for service during the period 18 March 1968 – 2 May 1970, by DAGO Number 48, dated 1971

DISCUSSION AND CONCLUSIONS:

1. The applicant's request for correction of his DD Form 214 to show the Purple Heart was carefully considered.

2.  General Order Number 54 awarded him the Purple Heart.  This award is not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show this award. 

3.  General orders awarded him the Bronze Star Medal, the Army Commendation Medal with "V" Device, and the Army Commendation Medal on two other occasions.  These awards are shown not on his DD Form 214. 

4.  He served honorably from 24 October 1968 to 21 August 1970.  His record shows he received all “excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary or derogatory actions or a commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, as a matter of equity, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

5.  He was an Infantryman serving in MOS 11B, who satisfactory served with an infantry unit in combat from 31 March 1969 to 23 March 1970.  He was wounded by enemy action resulting in the awarding of the Purple Heart and was awarded the Army Commendation Medal with "V" Device for an engagement with enemy forces.  As such, he met the criteria for award of the CIB, and as a matter of equity, it would be appropriate to award him the CIB and to correct his 
DD Form 214 to show it.

6.  Item 29 of his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).  These marksmanship awards are not shown on his DD Form 214; therefore, it would be appropriate to correct his DD Form 214 to show them.

7.  He participated in three campaigns during his service in the Republic of Vietnam.  His DD Form 214 shows only one bronze service star. 

8.  General orders awarded his unit of assignment in the Republic of Vietnam the Presidential Unit Citation, 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. 

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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  24 October 1968 to 21 August 1970; 

	b.  awarding him the Combat Infantryman Badge effective 23 March 1970; and

   c.  amending his DD Form 214 by deleting the Vietnam Service Medal with bronze service star, and adding the:
   
* Bronze Star Medal 
* Purple Heart
* Army Commendation Medal (3rd Award) with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 3 bronze service stars
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Presidential Unit Citation 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20150002008



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