RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  19 June 2007
	DOCKET NUMBER:  AR20060016529 


	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. Gerard W. Schwartz

Acting Director

Mr. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Frank C. Jones II

Member

Mr. Qawiy A. Sabree

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, that his awards be updated to include award of the Purple Heart, and the Combat Infantryman Badge.

2.  The applicant states that he was awarded the Combat Infantryman Badge but it was not placed on his DD Form 214 (Report of Transfer or Discharge).  He was wounded by a land mine on 4 January 1968 and spent two weeks in the hospital.  
3.  The applicant provides copies his DD Form 214, DA Form 20 (Enlisted Qualification Record), and thirty pages from his service medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 29 May 1969, the date of his release from active duty.  The application submitted in this case is dated 14 November 2006.

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 limitations 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 records show the applicant entered active duty on 31 May 1967, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's records contain orders awarding him the Expert Marksmanship Qualification Badge with Mortar Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar. 

5.  Headquarters, First Cavalry Division Special Orders Number 106, dated 15 April 1968, awarded the applicant the Combat Infantryman Badge.

6.  The applicant served in Vietnam with Company C, 1st Battalion 12th Cavalry Regiment, 1st Cavalry Division from 6 November 1967 through 5 November 1968.
7.  The applicant was promoted to sergeant (E-5) on 13 September 1968 and his conduct and efficiency ratings are reported as exclusively excellent. 

8.  He was honorably released from active duty on 29 May 1969 with 1 year, 11 months, and 29 days of creditable service and no lost time.  His DD Form 214 lists his awards as the Bronze Star Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960" Device.

9.  The DA Form 20 lists his awards as the Bronze Star Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960" device.  The form indicates he served during two campaign periods and the block for wounds is blank.

10.  The records contain no indication of any disciplinary action or derogatory comments. 

11.  A Field Medical Card shows the applicant was treated by the Headquarters and Support Company 15th Medical Battalion for fragment wounds as a result of enemy action on 4 January 1968.  It also states that the applicant was recommended for the Purple Heart but not awarded that medal by the reporting command.

12.  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 unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 December 1969 to 10 October 1970 by Department of the Army General Order Number 52, dated 1971.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides for award of the Purple Heart to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

14.  Army Regulation 600-8-22, chapter 4 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.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a "Good" academic mark in a service school was not disqualifying.  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 unfavorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

15.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following five campaign periods: the Counteroffensive Phase III, 1 June 1967 – 29 January 1968; the Tet Counteroffensive, 30 January 1968 - 1 April 1968; the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968; and the Counteroffensive Phase VI, 2 November 1968 – 22 February 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s medical records show he was treated for a combat wound while serving as an infantryman in an infantry unit on 4 January 1968.  As such he is entitled to award to the Purple Heart.

2.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to sergeant (E-5).  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 31 May 1967 through 29 May 1969.

3.  The DD Form 214 omits the applicant's authorized awards of the Expert Marksmanship Qualification Badge with Mortar Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, the Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It is appropriate to correct these omissions at this time.

4.  Additionally, the applicant served during five campaign periods and is authorized to wear a silver service star in lieu of five bronze service stars on his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 May 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 May 1972.  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:

__BJE___  __QAS__  __FCJ __  GRANT FULL 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 awarding the applicant the Purple Heart, for wounds received on 4 January 1968; the Good Conduct Medal, for his period of service from 31 May 1967 through 29 May 1969; and to show that, in addition to the awards listed on the DD Form 214, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman 
Badge, the Expert Marksmanship Qualification Badge with Mortar Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship Qualification Badge with Pistol Bar, and a silver service star to be worn on his Vietnam Service Medal.




___Barbara J. Ellis______
          CHAIRPERSON


INDEX

CASE ID
AR20060016529
SUFFIX

RECON
 
DATE BOARDED
20070619 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.