RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 January 2004
         DOCKET NUMBER: AR2003088530


         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:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Ms. Yolanda Maldonado		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:

1. The applicant originally requested the Purple Heart (PH) and the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). On a second application, he amended his request to include all awards to which he is entitled.

2. The applicant states he received a head wound from a Claymore mine in 1970. He was sent for medical treatment at Japan and Walter Reed Army Hospital. He was discharged without receiving credit for his awards on his DD Form 214.

3. The applicant provides a copy of his DD Form 214; General Orders Number 204, Headquarters, 91st Evacuation Hospital, dated 13 September 1970, awarding him the PH; and DA Form 3349 (Medical Condition – Physical Profile Record), dated 13 September 1971.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1. Counsel requests the applicant's DD Form 214 be changed to reflect the award of the PH, the CIB, the Good Conduct Medal (GCMDL), the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and any other awards for which the applicant is qualified.

2. Counsel states, in effect, the evidence of record supports giving the applicant the above cited awards and decorations.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error that occurred on 27 September 1971. The applications submitted in this case are dated 1 March 2003 and 21 November 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.

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3. On 27 January 1970, the applicant was inducted into the Army of the United States for a period of 2 years. He successfully completed basic combat training, advanced individual training, and basic airborne training. He was awarded military occupational specialty (MOS) 11B2P, Light Weapons Infantryman.

4. On 2 September 1970, the applicant was assigned to Company A, 3rd Battalion, 1st Infantry, 11th Light Infantry Brigade in Vietnam.

5. On 13 September 1970, General Orders Number 204 awarded the applicant the PH for wounds received on 12 September 1970. He was medically evacuated from Vietnam on/about 23 September 1970.

6. On 27 September 1971, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows he was credited with 1 year, 8 months, and 1 day of active Federal service. He was subsequently honorably discharged from the U.S. Army Reserve Control Group (Standby) on 1 January 1976.

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 Purple Heart 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 GCMDL, 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 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 GCMDL, disqualification must be justified.

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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 show the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 20 July 1965 to 28 March 1973 by Department of the Army General Orders 8, dated 1974.

11. AR 600-8-22 (Military Awards) provides, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Awards Branch of the Total Army Personnel Command has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12. 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 BSSs will be worn on the appropriate service medal. The applicant served in Vietnam during one campaign -- Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

13. Special Orders Number 137, dated 19 May 1970, shows the applicant was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, M-60 Machine Gun Bar, and .45 Caliber Pistol Bar.

14. Special Orders Number 148, dated 1 June 1970, shows the applicant was awarded the Expert Marksmanship Qualification Badge with M-79 Grenade Launcher Bar.

15. On 5 July 1978, a DD Form 215 (Correction to DD Form 214, Report of Separation from Active Duty) was prepared by the Entitlements Branch, U.S. Army Reserve Components Personnel and Administration Center (now U.S. Army Human Resources Command – St. Louis) adding the PH to the applicant's DD Form 214. However, it is not signed nor does it have the raised seal. In addition, a DA Form 1577 (Authorization for Issuance of Awards), dated 1 June 1978, was prepared for the award of the PH. It is unclear whether these documents were actually sent to the applicant at that time.

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DISCUSSION AND CONCLUSIONS:

1. The available evidence supports the applicant's claim for award of the PH. He has provided a copy of the orders, dated 13 September 1970, awarding him that medal. Therefore, he is entitled to have this award listed on his DD Form 214.

2. The available records show there was an attempt to add the PH to the applicant's DD Form 214 based on an unsigned copy of a DD Form 215 and a DA Form 1577. Since the applicant makes no mention of receiving these documents, and since there are no signatures or a raised seal, they will be voided.

3. The applicant served honorably and faithfully throughout his period of induction. During this period, the applicant was awarded the PH. He entered active duty in the rank of Private (PVT/E-1) and was released from active duty in the rank of Specialist (SP4/E-4). He achieved that rank in a period of 1 year, 8 months, and 1 day of active duty. There is no indication of any lost time or indiscipline in the applicant's available personnel records or 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 27 January 1970 through 27 September 1971.

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

5. 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.

6. The applicant was awarded an Infantry MOS and served in that MOS in an Infantry unit in combat while in Vietnam. Therefore, he is entitled to award of the CIB.

7. The applicant's record shows he was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, M-60 Machine Gun Bar, .45 Caliber Pistol Bar, and M-79 Grenade Launcher Bar. Therefore, he is entitled to have these badges correctly reflected on his DD Form 214.

BOARD VOTE:

__aao___ __le____ __ym____ 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. Voiding the previously issued DD Form 215 and DA Form 1577;

         b. Deleting the Vietnam Service Medal on his DD Form 214 of 27 September 1971; and

         c. Adding the PH, the GCMDL, the Vietnam Service Medal with 1 BSS, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the CIB, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, M-60 Machine Gun Bar, .45 Caliber Pistol Bar, and M-79 Grenade Launcher Bar.



                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088530
SUFFIX
RECON
DATE BOARDED	20040127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0056
3.	107.0079
4.	107.0094
5.	107.0111
6.	107.0108