RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: MARCH 4, 2004
         DOCKET NUMBER: AR2003091348


         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:

Ms. Kathleen A. Newman		Chairperson
Mr. Eric N. Anderson		Member
Mr. Kenneth L. Wright		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 two awards of the Purple Heart.

2. The applicant states, in effect, that his personnel records should reflect the two Purple Hearts he earned in Vietnam.

3. The applicant submitted a copy of his DD Form 214 and copies of two clinical Records in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of errors, which occurred on 1 September 1971. The application submitted in this case is dated 8 May 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 3 September 1969. He received his basic combat training and his advanced individual training at Fort Jackson, South Carolina. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 11C, Infantry Indirect Fire Crewman.

4. The applicant was assigned to and arrived in Vietnam on 21 March 1970. He was assigned to Company C, 2nd Battalion (Airmobile), 502nd Infantry, 101st Airborne Division (Airmobile).

5. On 6 May 1970, the applicant received multiple fragmentation wounds to the right shoulder, right flank, and the scalp. The applicant was awarded the Purple Heart in General Orders 105, paragraph 2, published by Headquarters, 85th Evacuation Hospital, dated 7 May 1970.

6. On 20 August 1970, the applicant received fragmentation wounds from a hostile mortar round, to the right buttock and to both legs. He was awarded the

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Purple Heart in General Orders 111, published by Headquarters, 18th Surgical Hospital, dated 21 August 1970. Due to these wounds, he was medically evacuated to the 249th General Hospital, Camp Drake, Japan.

7. The Purple Heart with one bronze oak leaf cluster was added to the applicant's DD Form 214, through preparation of a DD Form 215, Correction to DD Form 214, on 25 April 1973; hence, this issue will not be discussed further in these proceedings.

8. On his return to the United States and restoration to duty from a patient status, the applicant was assigned to Fort Hood, Texas, to complete his term of service.

9. The applicant's conduct and efficiency throughout his enlistment were consistently rated as, "Excellent." There is no evidence of the applicant ever having received non-judicial punishment, being subjected to court-martial, or of having any record of lost time.

10. The applicant was honorably released from active duty, on 1 September 1971, in the rank and pay grade, Specialist Four, E-4, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service. On his release from active duty, the applicant had 1 year, 11 months, and 29 days active military service.

11. 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 National Defense Service Medal; the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16).

12. While in Vietnam, the applicant participated in the following three campaigns: the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971.

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

14. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and

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states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15. 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, 502nd Infantry, 101st Airborne Division, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 through 2 May 1970, by Department of the Army General Order (DAGO) 48, dated 1971; the Valorous Unit Award, for the period 25 April through 25 May 1970 by DAGO 48, dated 1971; a second award of the Valorous Unit Award, for the period 13 through 30 August 1970, by DAGO 50, dated 1971; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 20 July 1965 through 28 March 1973, by DAGO 8, 1974.

16. AR 600-8-22 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. Current practice requires that the commander provide written notice of non-favorable consideration and permits the individual to respond.

DISCUSSION AND CONCLUSIONS:

1. The applicant participated in three campaigns during his service in Vietnam. He is therefore eligible for award of one additional bronze service star (in addition to the two already shown on his DD Form 214) to be affixed to his already-awarded Vietnam Service Medal.

2. The applicant served with Company A, 2nd Battalion, 502nd Infantry, at the time it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Valorous Unit Award, in effect, the Valorous Unit Award with one oak leaf cluster. The applicant's DD Form 214 does not show these unit awards as authorized awards. It would be appropriate to add these unit awards to his DD Form 214 at this time.

3. 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, Enlisted Qualification Record,

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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 two Purple Hearts 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 3 September 1969 through 1 September 1971.

BOARD VOTE:

kan_____ klw_____ ena_____ 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 awarding the applicant the Good Conduct Medal for the period 3 September 1969 through 1 September 1971; one bronze service star, in addition to the two bronze service stars already shown on his DD Form 214 for wear on his already-awarded Vietnam Service Medal, to denote his participation in three campaigns while he served in the Republic of Vietnam; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and the Valorous Unit Award with one oak leaf cluster, and adding these awards to the applicant's DD Form 214.





                  ____Kathleen A. Newman____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091348
SUFFIX
RECON
DATE BOARDED	20040304
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.