RECORD OF PROCEEDINGS


	IN THE CASE OF:  				
	 

	BOARD DATE:                              	25 OCTOBER 2005
	DOCKET NUMBER:  			AR20050001563


	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. James anderholm

Chairperson

Mr. Jose Martinez

Member

Ms. LaVerne Douglas

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his report of separation (DD Form 214) be corrected to reflect his award of the Purple Heart and that his Social Security Account Number (SSAN) be correctly entered on that form.

2.  The applicant states that he was wounded on 13 March 1969 and was awarded the Purple Heart for that wound.  However, that award was omitted from his DD Form 214 at the time of his release from active duty (REFRAD) and his SSAN incorrectly reflects the last two digits as “59” when in fact they are “95.” 

3.  The applicant provides a copy if his SSAN card showing the last two digits as “95”, a copy of his Purple Heart orders and Certificate and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of alleged error which occurred on 19 March 1970.  The application submitted in this case is dated 21 January 2005. 

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.  He was inducted in Nashville, Tennessee, on 9 May 1968 and underwent his basic combat training (BCT) at Fort Campbell, Kentucky.  He completed his BCT and was transferred to Fort Lewis, Washington, where he underwent his advanced individual training (AIT).  

4.  Upon completion of his AIT he was transferred to Vietnam on 4 October 1968 and was assigned to Company C, 5th Battalion, 60th Infantry Regiment,
9th Infantry Division, for duty as a light weapons infantryman.  He was advanced to the pay grade of E-4 on 1 December 1968.

5.  He was promoted to the pay grade of E-5 on 1 March 1969 and on 13 March 1969, he sustained fragmentation wounds to the left thigh.  He was awarded the Purple Heart on 17 March 1969 by General Orders Number 3125, published by Headquarters, 9th Infantry Division.  His name is also contained on the Vietnam Casualty Listing as being wounded on 13 March 1969.
6.  He departed Vietnam on 19 August 1969 and was transferred to Fort Campbell, where he remained until 17 November 1969, when he was transferred to Fort Hood, Texas.

7.  He remained at Fort Hood until he was honorably REFRAD to attend school on 19 March 1970.  He had served 1 year, 10 months, and 11 days of total active service.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Silver Star, the Bronze Star Medal with three oak leaf clusters and “V” Device, the Air Medal, the Army Commendation Medal with one oak leaf cluster and “V” Device, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Bronze Star Unit Citation, and the Vietnam Service Medal with three bronze service stars.

8.  A review of his records show that his SSAN is entered throughout his records with the last two digits recorded as either “59” or “95” on numerous documents.  His records also show that he received “Excellent” conduct and efficiency ratings throughout his service and there is no derogatory information contained in those records that would serve to disqualify him for award of the Army Good Conduct Medal (GCMDL).

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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

10.  Army Regulation 600-8-22 establishes the criteria for award of the Army Good Conduct Medal (GCMDL).  It states, in pertinent part, that the GCMDL 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 GCMDL.  The regulation outlines the criteria for award of the Good Conduct Medal (GCMDL) and provides, in pertinent part, that the GCMDL is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  It is awarded on a selective basis to each soldier who distinguishes him or herself from among their fellow soldiers by their exemplary conduct, efficiency, and fidelity throughout 
their service.  There is no right or entitlement to the medal until the immediate commander has approved the award and the award has been announced in permanent orders.  Separation transfer points will review records of enlisted personnel being separated to determine whether they qualify for award of the GCMDL.  Where possible, a reasonable effort will be made to contact the unit commander prior to awarding the medal to qualified members.

11.  Department of the 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 subsequent to the applicant’s departure from Vietnam, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation for the period he served with the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant clearly was awarded the Purple Heart and it appears that an administrative oversight resulted in the omission of that award from his DD Form 214 at the time of his REFRAD.  Accordingly, it would be in the interest of justice to add that award at this time.

2.  Subsequent to his departure, the applicant's unit was awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation.  Therefore, it would also be appropriate to award him those awards at this time.

3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the GCMDL for his service from 9 May 1968 to 19 March 1970.  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 GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  The evidence suggests that the applicant not receiving the GCMDL 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, this error should be corrected and the applicant should receive the GCMDL at this time.


5.  Inasmuch as the applicant’s records contain entries reflecting that the last two digits of his SSAN are “59” and “95” and since he has provided a copy of his SSAN Card, it must be presumed that the last digits of his SSAN are “95” and that the entries reflecting “59” were the result of an administrative error.

BOARD VOTE:

___JA___  ___JM __  ___LD___  GRANT RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 showing that he was awarded the Purple Heart, by awarding him the GCMDL for the period of 9 May 1968 through 19 March 1970, the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit Citation, and by showing that the last two digits of his SSAN are “95.” 





		____James Anderholm________
		        CHAIRPERSON





INDEX

CASE ID
AR20050001563
SUFFIX

RECON

DATE BOARDED
20051025
TYPE OF DISCHARGE
(HD
DATE OF DISCHARGE
19700319
DISCHARGE AUTHORITY
AR 635-200, CH 2, Sec VIII, SPN 201
DISCHARGE REASON
ETS
BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY
AR 15-185
ISSUES         1.107.0015
61/PH
2.100.0900
10/SSN
3.107.0056
102/GCMDL
4.107.0094
140/RVNGC
5.107.0095
141/RVNCAHM
6.