RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 8 January 2004
         DOCKET NUMBER: AR2003088474


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Paul Wright		Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman		Chairperson
Mr. John T. Meixell		Member
Ms. Linda M. Barker		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

2. The applicant states that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) is missing certain information. He was awarded the Purple Heart while serving with Company C, 3/60th Infantry, 9th Infantry Division. He received an injury from a grenade booby trap. He still has the medal and ribbon, but lost the order that was given to him at the hospital in Vietnam. He wrote the military records section in St. Louis, but the only record they had pertained to his Reserve time 1973 to 1993. He adds that he needs a copy of the orders as proof for the Department of Veterans Affairs in connection with a claim.

3. The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error that occurred on 6 November 1967. The application submitted in this case is dated 4 March 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's entire active duty file for the period 17 November 1965 through 6 November 1967 is missing. The only documents available are a copy of his DD Form 214 and his Purple Heart Certificate, which were contained in his Army Reserve file. However, based on an additional search conducted by the Army Review Boards Agency Case Management Support Division-St. Louis, a nearly complete copy of the applicant's active duty file was located on microfiche at an alternate source site.

4. On 17 November 1965, the applicant was inducted into the Army of the United States. He successfully completed basic combat training and advanced individual training. Upon graduation, he was awarded military occupational specialty (MOS) 55B20, Ammunition Storage Specialist. He was then assigned to duty with the 9th Infantry Division, Fort Riley, Kansas.

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5. On 1 December 1966, the applicant was assigned to the Republic of Vietnam and assigned to Company C, 3/60th Infantry, 9th Infantry Division. He was subsequently honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 6 November 1967. He was credited with 1 year, 11 months, and 20 days of active Federal service. Item 24 of his DD Form 214 indicates he was awarded the National Defense Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Vietnam Service Medal, Expert Marksmanship Badge (Rifle M16), and Sharpshooter Marksmanship Badge (Rifle M14).

6. The applicant's name appears on the Vietnam Casualty Listing on page 976 as having been wounded on 13 March 1967. Additionally, General Orders #34, dated 14 March 1967, issued by Headquarters, 24th Evacuation Hospital awarded the applicant the PH for wounds received on 13 March 1967.

7. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

8. U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the PH. It stated that Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the PH by their unit of assignment. For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the PH was delegated to hospital commanders.

9. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy, and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It states, in pertinent part, that the Good Conduct Medal (GCMDL) is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 1 December 1966 to 30 June 1968 by Department of the Army General Orders 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 19 December 1966 to 28 June 1969 by Department of the Army General Orders #59, dated 1969.

11. AR 600-8-22, in pertinent part, authorizes award of a Bronze Service Star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS's will be worn on the appropriate service medal. The applicant served in Vietnam during two campaigns -- Vietnam Counteroffensive, Phase II and Vietnam Counteroffensive, Phase III.

12. AR 670-1, in effect at the time, governs the requirements for the Oversea Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the OSB.

DISCUSSION AND CONCLUSIONS:

1. The available evidence supports the applicant's claim for award of the PH. He is listed on the Vietnam Casualty Listing, there is a signed certificate in his reserve records, and a copy of the orders, dated 14 March 1967, on microfiche. Therefore, he is entitled to have this award listed on his DD Form 214.

2. The applicant served honorably and faithfully throughout his period of induction. During this period, the applicant was awarded the Purple Heart and the Combat Infantryman Badge. He entered active duty in the rank of Private and was released from active duty in the rank of Sergeant. He achieved that rank in a period of 1 year, 11 months, and 20 days active duty. There is no indication of any lost time or indiscipline in the applicant's available personnel records or anything else to show that he was otherwise disqualified from receiving the GCMDL by any of his unit commanders. He is therefore entitled to award of the GCMDL for the period 17 November 1965 through 6 November 1967.

3. The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two BSSs for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

4. General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm. Therefore, he is entitled to correction of his records to show award of this foreign unit award.

5. General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal, First Class . Therefore, he is entitled to correction of his records to show award of this foreign unit award.

6. According to AR 670-1 and his service records, the applicant is entitled to award of two Overseas Service Bars. Therefore, he is entitled to correction of his records to show award of 2 OSBs.

BOARD VOTE:

__kan___ __jtm___ __lmb___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. 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 on his DD Form 214; and

         b. Adding the PH, the GCMDL, the Republic of Vietnam of Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, the Republic of Vietnam Service Medal with 2 BSSs, and two OSBs.



                           Kathleen A. Newman
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088474
SUFFIX
RECON
DATE BOARDED	20040108D
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0056
3.	107.0094
4.	107.0095
5.
6.