RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 3, 2004
         DOCKET NUMBER: AR2003090112


         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Regan K. Smith		Member
Mr. Curtis L. Greenway		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, in effect, that his DD Form 214, Report of Transfer or Discharge, be corrected to show his Purple Heart.

2. The applicant states, in effect, that he was awarded the Purple Heart in early 1968 for wounds he received in a firefight in 1967 in Vietnam.

3. The applicant submitted a copy of his DD Form 214, a copy of a letter from the Department of Veterans Affairs, dated 25 February 2003, regarding his priority group placement, and a certificate for the award of the Purple Heart.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error, which occurred on 2 November 1968. The application submitted in this case is dated 21 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 applicant's military records show that he was inducted into the Army of the United States on 16 February 1967. He received his basic combat training at Fort Knox, Kentucky, and his advanced individual training at Fort Gordon, Georgia. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman.

4. The applicant volunteered for and successfully completed Basic Airborne Training and was awarded the Parachutist Badge on 4 August 1967.

5. The applicant was assigned to and arrived in Vietnam on 3 November 1967. He was assigned to Company A, 2nd Battalion (Airborne), 503rd Infantry Regiment, 101st Airborne Division (Airmobile). On 28 December 1967, he was reassigned to Company A, 3rd Battalion (Airborne), 503rd Infantry Regiment.

6. Item 38 (Record of Assignments), of the applicant's DA Form 20, Enlisted Qualification Record, shows that the applicant was assigned to a patient status with the 85th Evacuation Hospital, in Qui Nhon, from 23 May 1968 through 31 May 1968.

7. Medical records show that the applicant was treated for a disorder of the stomach/digestive tract which began on about 22 May 1968. The hospitalization referred to in the paragraph above was not for the purposes of treating him for a wound.

8. On his release from the hospital, on 1 June 1968, he was assigned to the 74th Infantry Detachment (Long Range Reconnaissance Patrol). On 14 August 1968, he was reassigned to Company A, 4th Battalion (Airborne), 503rd Infantry Regiment. He remained with this company until he was returned to the United States, on 31 October 1968, for release from active duty.

9. A review of the applicant's medical records also show that the applicant was treated for a probable muscle strain to his back and neck he received on
17 December 1967 when he fell into a hole during the night. His medical records are void of any entries describing any wounds alleged to have been received in a firefight in 1967 in Vietnam.

10. There is no entry in Item 40 (Wounds) of the applicant's DA Form 20 to show that he was wounded in action against a hostile force. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that he was awarded the Purple Heart. There are no orders in his military personnel records awarding him the Purple Heart notwithstanding the fact that he submitted a Purple Heart awards certificate with his name on it.

11. The certificate indicates that the award of the Purple Heart is made for wounds received in action on 27 December 1967 in the Republic of Vietnam. The Purple Heart certificate is dated 10 September 1968.

12. A search of the orders consolidation for the 173rd Airborne Brigade was made. No orders awarding the Purple Heart to the applicant were found. A member of the staff searched the historical files for the 74th Infantry Detachment (Long Range Reconnaissance Patrol). This search produced no information or orders to support his contentions that he was wounded in action and/or awarded the Purple Heart.

13. The applicant's name does not appear on the Vietnam Casualty List.

14. A Standard Form (SF) 88, Report of Medical Examination, completed in part by the applicant, during his separation physical examination, on 2 November 1968, shows no entries to indicate that he had sustained any wound in action during his assignment to Vietnam.

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15. A SF 89, Report of Medical History, completed by the applicant, in conjunction with his separation physical examination, on 2 November 1968, is also void of any entries to indicate that he sustained any wound in action during his assignment in Vietnam. He was qualified for separation based on this medical examination.

16. The applicant was honorably released from active duty, on 2 November 1968, in the rank and pay grade of Specialist Four/E-4, under the provisions of Army Regulation (AR) 635-200, chapter 5, section II, Early Separation of Overseas Returnees. On his release from active duty, the applicant had 1 year, 8 months, and 17 days active military service.

17. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the following: the Air Medal; the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the Parachutist Badge; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14); and the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16).

18. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation.

19. While in Vietnam, the applicant participated in the following four campaigns: the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968.

20. AR 600-8-22, in pertinent part, provides for award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

21. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, lists unit awards received by units serving in Vietnam. This document shows that the unit the applicant served with in Vietnam, Company A, 2nd Battalion, 503rd Infantry, 101st Airborne Division, was awarded the Presidential Unit Citation for the period 6 through 23 November 1967 by Department of the Army General Orders

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Number (DAGO) 5, dated 1979, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 15 April 1969 through 16 March 1971, by DAGO 5, dated 1973.

22. This document also shows that the unit the applicant served with in Vietnam, Company A, 3rd Battalion, 503rd Infantry, 101st Airborne Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 22 October through 26 September 1970, by DAGO 51, dated 1971.

23. This document also shows that the unit the applicant served with in Vietnam, Company A, 4th Battalion, 503rd Infantry, 101st Airborne Division, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 5 May 1965 through 26 September 1970, by DAGO 51, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 15 April 1969 through 16 March 1971, by DAGO 5, dated 1973.

24. Paragraph 5, DA Pamphlet 672-3, provides that individuals will not wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. This precludes wear of the Vietnamese Fourragere, which represents additional unit awards of the Republic of Vietnam Gallantry Cross. Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.

25. The applicant's conduct and efficiency throughout his enlistment, with exception of the conduct and efficiency ratings given while he was undergoing advanced individual training, were consistently rated as, "Excellent." There is no evidence of the applicant ever having received non-judicial punishment, of having been subjected to court-martial, or of having any record of lost time.

26. AR 672-5-1, in effect at the time of the applicant's separation 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. 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. To be eligible for award of the Good Conduct Medal, soldiers must meet all of the following criteria: all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of

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"Unknown" for portions of the period under consideration are not disqualifying. Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1. The Purple Heart certificate was signed by the commander, 173rd Airborne Brigade on 10 September 1968 for an action that occurred on 27 December 1967. On this date, the applicant was assigned to Company A, 2nd Battalion, 503rd Infantry Regiment. The Purple Heart certificate was signed on 10 September 1968. On this date, the applicant was assigned to Company A, 4th Battalion, 503rd Infantry Regiment.

2. The applicant's assignment with the 74th Infantry Detachment (Long Range Reconnaissance Patrol) spanned the period from 1 June 1968 through 13 August 1968.

3. The Purple Heart certificate that the applicant provided, which has conflicting dates, and for which no orders have been found, is not sufficient on its own to support having the Purple Heart added to his separation document, at the present time.

4. The applicant participated in four campaigns during his service in Vietnam. He is therefore eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his DD Form 214.

5. The applicant served with Company A, 2nd Battalion, 503rd Infantry, 101st Airborne Division, at the time it was awarded the Presidential Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. He is therefore eligible for award of these unit citations and to have them shown on his DD Form 214.

6. The applicant served with Company A, 3rd Battalion, 503rd Infantry, 101st Airborne Division, at the time it was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. He is therefore eligible for award of this unit citation and to have it shown on his separation document.

7. The applicant served with Company A, 4th Battalion, 503rd Infantry, 101st Airborne Division, at the time it was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. This unit citation was awarded for the same period as that shown in paragraphs three above. The applicant also served with the unit at the time it was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. This unit citation was awarded for the same

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period as that shown in paragraphs two above. In those instances where a unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.

8. A review of the applicant's records revealed no disqualifying information that would result in denial of the Good Conduct Medal to the applicant. There is no entry in Item 42 (Remarks), on his DA Form 20, indicating that he was ever disqualified from award of the Good Conduct Medal by any of his unit commanders. The applicant earned the Combat Infantryman Badge, and the Air Medal, in combat, and there is no evidence of a breach of good order or discipline in the applicant's service personnel records. It appears that the failure to award this soldier the Good Conduct Medal was an administrative oversight and not related to anything he did to disqualify himself from this award; therefore, he is entitled to award of the Good Conduct Medal for the period 16 February 1967 through 2 November 1968.

BOARD VOTE:

sac_____ rks_____ clg_____ 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:

         a. awarding the applicant the Good Conduct Medal for the period 16 February 1967 thorough 2 November 1968 and adding this award to his DD Form 214;

b. awarding the applicant four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, to denote his participation in four campaigns while he served in the Republic of Vietnam, and to show these four bronze service stars on his separation document;

c. awarding the applicant the Presidential Unit Citation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and having these unit awards added to his DD Form 214;
2. 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 award of the Purple Heart and its addition to his DD Form 214.





                  ___Samuel A. Crumpler___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090112
SUFFIX
RECON
DATE BOARDED	20030203
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.