RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: JANUARY 29, 2004
         DOCKET NUMBER: AR2003091574


         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. Jessie B. Strickland		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Ms. Karen Y. Fletcher		Member
Mr. Walter T. Morrison		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 report of separation (DD Form 214) be corrected to reflect his three awards of the Purple Heart.

2. The applicant states that he received three awards of the Purple Heart for wounds received in action in Vietnam; however, none of them are entered on his DD Form 214.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 16 November 1967. The application submitted in this case is dated 11 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 was inducted in New Haven, Connecticut, on 15 November 1965. He completed his basic combat training at Fort Hood, Texas, and was transferred to Fort Lewis, Washington, to undergo his advanced individual training (AIT). He was assigned to Company B, 1^st Battalion, 14^th Infantry Regiment and upon completion he remained with that unit as a light weapons infantryman and assistant machine gunner. He was transferred with his unit to Vietnam on 21 July 1966.

4. He was wounded on 28 November 1966 when an enemy grenade exploded and the applicant received fragmentation wounds to the left ankle and right thigh area. He was treated by medical personnel and returned to his unit. He was advanced to the pay grade of E-4 on 22 December 1966.

5. On 29 April 1967, while on a search and destroy mission, the applicant received a wound (traumatic amputation of the left arm), when hit by fragmentations from a friendly short artillery round.

6. He was initially treated in Vietnam, was evacuated to a theater hospital; and was subsequently evacuated to a hospital in Pennsylvania, where he remained until he was honorably released from active duty on 16 November 1967 and was placed on the Temporary Disability Retired List (TDRL) with a 70% disability rating. He had served 2 years and 2 days of total active service and his DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Combat Infantryman Badge and the Republic of Vietnam Campaign Medal. He had excellent conduct and efficiency ratings and his records contain no derogatory information.

7. He remained on the TDRL until 31 January 1969, when he was placed on the Permanent Disability Retired List (PDRL) with a 70% disability rating.

8. A review of the Vietnam Casualty Listing shows two entries with the applicant's name being listed as a casualty.

9. 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.

10. Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM). It states, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service. The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

11. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation, the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation, and the Valorous Unit Award (VUA) during the period he was assigned to the unit. Additionally, he participated in one campaign while assigned to Vietnam and is entitled to be awarded one bronze service star for wear on his already awarded VSM.




DISCUSSION AND CONCLUSIONS:

1. The Board has noted the applicant's contention that he was awarded three awards of the Purple Heart; however, the evidence of record available to the Board supports only two awards of the Purple Heart. Therefore, absent evidence to the contrary, the applicant is entitled to have his DD Form 214 corrected to reflect that he was awarded the Purple Heart with one oak leaf cluster (1OLC).

2. The evidence of record also shows that he is entitled to be awarded the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA and one bronze service star for wear on his already awarded VSM.

3. After carefully examining the applicant’s record of service, the Board has determined that the applicant should have received the AGCM for his service from 15 November 1965 through 16 November 1967. This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.

4. The Board found that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served. Therefore, in the interest of justice, the Board determined that this error should be corrected and the applicant should receive the AGCM at this time.


BOARD VOTE:

wtm_____ kyf_____ rvo__ ___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. 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:

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a. by showing that he was awarded the Purple Heart with 1OLC; and

b. by awarding him the AGCM for the period of 15 November 1965 through 16 November 1967 and the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, the VUA and one bronze service star for wear on his already awarded VSM.

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 a third award of the Purple Heart.





                  ___Raymond V. O’Connor____
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091574
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040129
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1. 107.0015	61/PH
2. 107.0033	79/VUA
3. 107.0056	102/AGCM
4. 107.0094	140/RVNGC
5. 107.0095	141/RVNCAHM
6.