IN THE CASE OF:	   

		BOARD DATE:	  24 September 2015

		DOCKET NUMBER:  AR20150002297 


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 and all other awards he may be entitled to.

2.  He states he was denied a Purple Heart license plate due to the award not being listed on his DD Form 214.

3.  He provides 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 enlisted in the Regular Army on 18 February 1969.  He served in the Republic of Vietnam (RVN) from 6 November 1969 to 23 October 1970.
3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 38 (Record of Assignments), he was assigned to the following units during his service in the RVN:

* Headquarters and Headquarters Company, 2d Battalion (Airmobile), 506th Infantry Regiment from 17 November to 1 December 1969
* Company E, 2d Battalion (Airmobile), 506th Infantry Regiment from 
   2 December 1969 to 26 March 1970
* Company C, 2d Battalion (Airmobile), 506th Infantry Regiment from 
27 March to 19 October 1970 

   b.  Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his period of service with one rating of "unknown" while in a casual status.

4.  There is no record of any Article 15s, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the Army Good Conduct Medal (AGCM).

5.  He was honorably released from active duty on 24 October 1970 and credited with completing 1 year, 8 months, and 7 days of total active service.

6.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal (VSM) 
* RVN Campaign Medal with Device (1960)
* Two Oversea Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bars (M-14) and
(M-16)

7.  Headquarters, 85th Evacuation Hospital, General Orders Number 146, dated 
15 June 1970, show he was awarded the Purple Heart for wounds sustained on 14 June 1970.

8.  Headquarters, 101st Airborne Division (Airmobile) Special Orders Number 295, dated 22 October 1970, show he was awarded the Combat Infantryman Badge (CIB) effective 19 October 1970.

9.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 13967, dated 24 November 1970, show he was awarded the Air Medal (AM).
10.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units that served in the Vietnam War.  This pamphlet shows the 2d Battalion, 506th Infantry Regiment, to which he was assigned, was cited for the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 24, dated 1970 and the for the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO Number 48 dated 1971.

12.  Appendix B of Army Regulation 600-8-22 states a bronze service star is awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart, CIB, and the AM and these awards are not listed on his DD Form 214.  

2.  The evidence of record shows the applicant received "excellent" conduct and efficiency ratings and had one "unknown" rating which is not disqualifying.  Additionally, he had no adverse actions or commander's disqualification for award of the AGCM.  Therefore, it appears he met the qualifications for the first award of the AGCM for the period 18 February 1969 to 24 October 1970.  This award is not listed on his DD Form 214.

3.  The evidence of record shows he was assigned to the 2d Battalion, 506th Infantry Regiment during the period the unit was cited for the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm Unit Citation.  However, these awards are not listed on his DD Form 214.
4.  The evidence also shows he participated in three campaigns during his service in the RVN.  He was already awarded the VSM, but his VSM does not show three bronze service stars.

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

b. awarding him the Army Good Conduct Medal (1st Award) for the period 
18 February 1969 to 24 October 1970; and

	c.  adding to his DD Form 214 the:

* Combat Infantryman Badge
* Air Medal
* 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 
* Vietnam Service Medal with three bronze service stars



      _______ _   _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)                                         AR20150002297





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ABCMR Record of Proceedings (cont)                                         AR20150002297



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