RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060012412 


	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.




	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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states that his Purple Heart was not listed on his DD Form 214.

3.  The applicant provides a copy of his Purple Heart order.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 March 1970, the date he was released from active duty.  The application submitted in this case is dated 22 August 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.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 submitted by the applicant does not show he was awarded the Purple Heart.  However, his Official Military Personnel Record contained another DD Form 214 in which the Purple Heart and the Bronze Star Medal both appear in Item 24.  This DD Form 214 was also amended by a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), dated 8 September 1975, to correct the applicant's prior service and total service entries.  The applicant will be provided with a copy of this DD Form 214 and accompanying DD Form 215.

4.  The applicant also had a prior period of honorable Army service from 8 April 1963 through 29 March 1966; however, a DD Form 214 was not available for that period of service.

5.  The applicant's last period of service was from 14 July 1967 through 18 March 1970.  He attained the grade of staff sergeant.

6.  The applicant served in the Republic of Vietnam from 20 March 1969 through 18 March 1970.  He performed duties as a field artillery crew member with Battery A, 2nd Battalion, 19th Artillery, 1st Cavalry Division (Airmobile) from
20 March 1969 through 16 May 1969; and as a crew chief with Battery B,
1st Battalion, 21st Artillery, 1st Cavalry Division (Airmobile) from 17 May 1969 through 18 March 1970.

7.  The applicant served in the Republic of Korea from 2 August 1967 through
17 August 1968 with Headquarters and Headquarters Battery, 1st Battalion,
15th Artillery.

8.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, 1972. 

10.  The applicant's records show he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  His records indicate he participated in the TET 1969 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970 campaigns.   

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  The applicant’s records do not show award of the Good Conduct Medal.  His records show that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Good Conduct Medal.  There is also no evidence to show he was awarded the Good Conduct Medal (First Award) during his first period of service.

13.  Army Regulation 600-8-22 (Military Awards) 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.  

14.  Army Human Resources Command Message (Date Time Group 9 February 2004) published implementing instructions for award of the Korea Defense Service Medal.  This message specified criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the armed forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense;  b) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, and all air spaces above the land and water areas;  c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.  Service members qualified for the Armed Forces Expeditionary Medal by reasons of service between 1 October 1966 and 30 June 1974, in an area for which the KDSM was authorized subsequent are eligible for both the Armed Forces Expeditionary Medal and the KDSM.  Award of the KDSM for this time period is a one-time exception to policy to comply with section 543 of the National Defense Authorization Act of Fiscal Year 2003, Public Law 107-314. 

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations. Qualifications for this award includes the requirements to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  The regulation also provides that the AFEM may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  Individuals who served in Korea between 1 October 1966 through 30 June 1974 are authorized the AFEM. 

DISCUSSION AND CONCLUSIONS:

1.  The Purple Heart is shown on the applicant's DD Form 214.  He will be furnished a copy of this document.  Therefore, no further action is required.
2.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross With Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

3.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  Evidence of record shows that the applicant participated in three campaigns during his service in Vietnam.  Therefore, he is eligible for award of three service stars to be affixed on his Vietnam Service Medal. 

5.  The applicant completed a qualifying period of service for the first award of the Good Conduct Medal ending with termination of Federal military service.  There is no evidence in the available records which shows the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the Good Conduct Medal for the period 14 July 1967 through 18 March 1970 and correction of his records to show award of the Good Conduct Medal (First Award).

6.  The applicant had a qualifying period of service in the Republic of Korea from 2 August 1967 through 17 August 1968.  Therefore, he meets the criteria for award of both the AFEM and the KDSM and is entitled to have his record corrected to show these awards.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 March 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
17 March 1973.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__lds___  __jtm___  __rsv___  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: 

a.  awarding the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	b.  awarding the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

	c.  awarding the Armed Forces Expeditionary Medal;

	d.  awarding the Korea Defense Service Medal;

	e.  awarding the Good Conduct Medal (First Award) for the period 14 July 1967 through 18 March 1970; and

	f.  awarding three bronze service stars for wear on his Vietnam Service Medal.

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 correcting the applicant's DD Form 214 to show award of the Purple Heart because it is already shown in Item 24.  



						Linda D. Simmons
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060012412
SUFFIX

RECON

DATE BOARDED
20070322
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0094
2.
107.0095
3.
107.0072
4.
107.0141
5.
107.0056
6.