RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:          18 August 2005      
	DOCKET NUMBER:  AR20050001626


	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

Ms. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. James Vick

Chairperson

Mr. Ronald Weaver

Member

Mr. Robert Rogers

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, in effect, correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Good Conduct Medal, the Vietnam Service Medal with two or three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Presidential Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, and the Purple Heart.

2.  The applicant states these items were left off of his discharge document upon leaving Vietnam War and the Army.

3.  The applicant provides a copy of his DD Form 214 and his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of alleged errors which occurred on 
30 April 1968.  The application submitted in this case is dated 24 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.  The applicant was inducted on 24 June 1966.  He was assigned to Service Battery, 6th Howitzer Battalion, 15th Artillery in Vietnam from 1 May 1967 through 21 December 1967.  He was assigned to Battery C, 2nd Battalion, 33rd Artillery of the 1st Infantry Division in Vietnam from 22 December 1967 through 
7 January 1968.  He was assigned to Battery A, 2nd Battalion, 33rd Artillery of the 1st Infantry Division in Vietnam from 8 January 1968 through 26 April 1968.  On 30 April 1968, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 9 months, and 20 days of creditable active service.     

4.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards. 

5.  There are no orders for the Good Conduct Medal in the applicant’s service personnel records.

6.  Records show nonjudicial punishment was imposed against the applicant on three occasions for being absent without leave and disobeying three lawful orders.  His DA Form 20 shows that he received conduct and efficiency ratings of "Poor" during the period 30 June 1966 to 6 September 1966.  His DA Form 20 also shows he received a conduct rating of “Unsat” [unsatisfactory] and an efficiency rating of “Fair” during the period 1 October 1966 to 6 October 1966.  His DD Form 214 shows he had 17 days of lost time.

7.  The applicant participated in four campaigns during his assignment in Vietnam.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit (6th Battalion, 15th Artillery) is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969.

9.  Department of the Army Pamphlet 672-3 shows that the applicant’s unit (6th Battalion, 15th Artillery) is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

10.  Department of the Army Pamphlet 672-3 shows the applicant's units were not cited for award of the Presidential Unit Citation or the Valorous Unit Award while he was assigned to them.

11.  Department of the Army Pamphlet 672-3 shows the applicant's unit (Battery C, 2nd Battalion, 33rd Artillery) was cited for award of Meritorious Unit Commendation for actions during the period 22 February 1967 to 29 February 1968 based on Department of the Army General Orders Number 31, dated 1969.

12.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

13.  The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

14.  On 30 April 1968, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of 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 service medal.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  

19.  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.


DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Good Conduct Medal in the available records.  The applicant's military records show he received conduct and efficiency ratings of "Poor" during the period 30 June 1966 to 6 September 1966 and a conduct rating of “Unsat” and an efficiency rating of “Fair” during the period 1 October 1966 to 6 October 1966 which are disqualifying factors for award of the Good Conduct Medal.  Therefore, the applicant does not meet the eligibility criteria for award of the Good Conduct Medal.

2.  Although the applicant contends he is entitled to two or three bronze service stars to be affixed to the Vietnam Service Medal, records show he participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

3.  The applicant's unit (6th Battalion, 15th Artillery) received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

4.  The applicant’s units did not receive the Presidential Unit Citation or the Valorous Unit Award while he was assigned to them. 

5.  The applicant’s unit (Battery C, 2nd Battalion, 33rd Artillery) was cited for award of the Meritorious Unit Commendation while he was assigned to it.

6.  There is no evidence of record which shows that the applicant was wounded or treated for any injuries as a result of hostile action in Vietnam.  Therefore, there is insufficient evidence on which to base an award of the Purple Heart in this case.    

7.  Records show the applicant should have discovered the alleged errors now under consideration on 30 April 1968; therefore, the time for the applicant to file a request for correction of any error expired on 29 April 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT RELIEF 

JV_____  RW_____  RR______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 amending his DD Form 214 to show that he was awarded the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.

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 Good Conduct Medal, the Presidential Unit Citation, the Valorous Unit Award, and the Purple Heart.  



		____James Vick________
		        CHAIRPERSON





INDEX

CASE ID
AR20050001626
SUFFIX

RECON

DATE BOARDED
20050818
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.