IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017499 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017499 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the period 21 January 1969 through 26 January 1971 * adding to his 1971 DD Form 214 by issuance of a second DD Form 215 the Army Good Conduct Medal (1st Award) 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application in excess of the relief described above. ___________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. IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150017499 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by showing a discharge date, Purple Heart, and authorized ribbons or awards. 2. The applicant states his DD Form 214 should be corrected because he earned the awards and, in effect, he did have a discharge date. 3. The applicant provides: * DD Form 214ws [ws – worksheet] * DD Form 214 (Copy Number 1) * Certificate for Award of the Purple Heart, dated 13 March 1970 * Certificate for Award of the Purple Heart, dated 27 May 1998 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 21 January 1969. He completed training as a light weapons infantryman. 3. On or about 28 August 1969, the applicant was assigned for duty in the Republic of Vietnam. 4. On 11 March 1970, the applicant was hospitalized with wounds received as a result of enemy action. 5. The Purple Heart Certificate, as provided by the applicant, indicates a hospital commander issued him the Purple Heart for his wounds incurred in the Republic of Vietnam. 6. On or about 2 April 1970, the applicant was medically evacuated from the Republic of Vietnam. He was a patient at Valley Forge General Hospital until his release on or about 15 May 1970. 7. On or about 10 June 1970, the applicant was assigned to Fort Carson, Colorado. 8. On 26 January 1971, the applicant was released from active duty. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 shows his service obligation ended on 20 January 1975. He had attained the rank of specialist four, pay grade E-4 and completed 2 years and 1 day of active duty service. This form is authenticated by him and a Government official. His awards include: * National Defense Service Medal * Combat Infantryman Badge * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) 9. His record does not show he was awarded the Army Good Conduct Medal. Additionally, his record shows no derogatory information that would disqualify him for the first award of the Army Good Conduct Medal. Furthermore, item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings. 10. Letter Orders Number 12-1366068, USAR Components Personnel and Administration Center, dated 18 December 1974, honorably discharged the applicant from the USAR effective 1 January 1975. 11. Permanent Orders 135-2 issued by the U.S. Army Personnel Command, dated’ 15 May 1998, awarded the applicant the Purple Heart for wounds received as a result of enemy action on 11 March 1970. The additional instructions stated this order superseded any previous orders which may have been published awarding this medal for the same action. 12. The applicant's record contains a DD Form 215 (Correction to DD Form 214) dated 1 June 1998, adding the following awards to the applicant's DD Form 214 ending on 26 January 1971: * Purple Heart * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation 13. The applicant provides a copy of his DD Form 214ws [worksheet] with incomplete data including no date of release from active duty. REFERENCES: 1. 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. 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. 2. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Prior to finalizing a DD Form 214, the personnel office and the Soldier worked together to prepare a draft DD Form 214. This draft form is known as the DD Form 214ws. The "ws" stands for worksheet. A DD Form 215 is issued to correct a DD Form 214 such as to add additional awards earned during the Soldier's period of service. The DD Form 214 must be authenticated by an appropriate approval official and if available, the Soldier concerned. A DD Form 214 should not be reissued except under proper authority which includes the ABCMR. DISCUSSION: 1. The applicant meets the criteria for award of the Army Good Conduct Medal (1st Award) in that: * he served honorably from 21 January 1969 to 26 January 1971 attaining the rank/grade of specialist/E-4 * he served a qualifying period of service and he received "excellent" conduct and efficiency ratings throughout his service with no record of disciplinary actions or a commander's disqualification * there is no record of any derogatory information in his service record 2. It appears the applicant wants his DD Form 214ws corrected to show his date of release from active duty. This form is only a worksheet and is not the official form authenticated by a Government official. As such, there is no requirement to correct this form. 3. The applicant provided and his record contains an authenticated DD Form 214 issued upon his release from active duty in 1971. In 1998, the applicant's 1971 DD Form 214 was corrected when a DD Form 215 was issued adding among his authorized awards the Purple Heart. Thus, his record has been corrected to show he was awarded the Purple Heart. 4. Concerning his request for additional awards, it appears he did not receive the Army Good Conduct Medal. A thorough review of the applicable awards regulations shows he is not entitled to any other awards for his service in Vietnam. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017499 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017499 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2