RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 January 2004
         DOCKET NUMBER: AR2003089356


         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. Vic Whitney		Analyst

The following members, a quorum, were present:

Ms. Lana E. McGlynn		Chairperson
Mr. Patrick H. McGann		Member
Mr. Roger W. Able		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 requests that his records be corrected to show award of the Combat Infantryman Badge and two awards of the Purple Heart.

2. The applicant states that these awards are missing from his DD Form 214 (Report of Transfer or Discharge).

3. The applicant provides no documentation or details of his wounds.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error, which occurred on 10 April 1970, the date of his separation from active duty. The application submitted in this case is dated 11 April 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 available military records show that he was inducted and entered active duty on 12 April 1968 and was trained as a light weapons infantryman. He served in Vietnam as an infantryman with the 3/8th Infantry from 11 September 1968 through 4 July 1969, and in Korea from 4 July through 17 September 1969.

4. Effective 10 April 1970 he was separated from active duty in pay grade E-5 and transferred to the Army Reserve. The only awards listed on his DD Form 214 are the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.

5. The applicant's records contain a copy of General Orders Number 110, dated 10 May 1969, that awarded the applicant the Purple Heart for wounds received in action on 9 May 1969. His DA Form 20, in block 40 (Wounds), also shows that he was wounded on 9 May 1969. The Vietnam Casualty List has the same entry for his wound on 9 May 1969 but does not list any other dates of wounds.

6. Block 41 (Awards and Decorations) of his DA Form 20 shows the award of the Armed Forces Expeditionary Medal for his service in Korea and block 29 (Qualification in Arms) shows the most recent weapons qualifications as marksman with the rifle and expert with the machinegun.

7. Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

8. Army Regulation 600-8-22 states that there are basically three requirements for award of the CIB. The soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

9. The awards regulation also provides authority for the Armed Forces Expeditionary Medal for service in Korea between 1 October 1966 and 30 June 1974.

10. Army Regulation 600-8-22 also provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified. There is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the campaigns and unit awards received by units serving in Vietnam. This document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Medal First Class Unit Citation.





12. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal. According to Department of the Army Pamphlet 672-3, the applicant participated in four campaigns and is authorized four bronze service stars for the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1. There is no evidence of record, and insufficient evidence provided by the applicant, to show that he was wounded a second time as a result of enemy action and entitled to a second award of the Purple Heart. His first award of the Purple Heart for wounds received in action on 9 May 1969 should be added to his DD Form 214.

2. There is sufficient evidence of record to show that the applicant is entitled to award of the CIB based on his service as an infantryman in Vietnam and his award of the Purple Heart.

3. The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 12 April 1966 through 10 April 1970 ending with termination of a period of Federal military service.

4. There is sufficient evidence of record to show that the applicant is entitled to four bronze service stars for the Vietnam Service Medal, the Armed Forces Expeditionary Medal for his service in Korea, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Medal First Class Unit Citation, the Expert Marksmanship Badge with machinegun bar, and the Marksmanship Badge with rifle bar.

5. Evidence shows that the applicant’s records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

__lm___ __pm____ __ra____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 showing that he was awarded the CIB and the Good Conduct Medal for the period 12 April 1966 through 10 April 1970.

2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show his first award of the Purple Heart, four bronze service stars for the Vietnam Service Medal, the Armed Forces Expeditionary Medal for his service in Korea, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Medal First Class Unit Citation, the Expert Marksmanship Badge with machinegun bar, and the Marksmanship Badge with rifle bar.

3. The Board further determined that 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 that pertains to the second award of the Purple Heart.




                  __Lana E. McGlynn_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089356
SUFFIX
RECON
DATE BOARDED	20040113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.