RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060013919 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. Barber

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he was awarded two Purple Hearts, more than one Air Medal, and an Army Good Conduct Medal.

2.  The applicant states, in effect, that he served in the Republic of Vietnam for almost 3 years and was wounded and subsequently retired due to disability.  He further states that based on the number of air assaults he made, he should have more than one Air Medal.  

3.  The applicant provides no additional documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 April 1972, the date of his permanent disability retirement.  The application submitted in this case is dated 22 September 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.  On 2 August 1968, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training to include the Basic Airborne course and was awarded military occupational specialty 11C1P (Infantry Indirect Fire Crewman).

4.  Special Orders Number 184, 2nd Basic Combat Training Brigade, Fort Jackson, South Carolina, dated 20 September 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  On 19 June 1969, the applicant was assigned for duty as an ammunition bearer with Company E, 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, in the Republic of Vietnam.  The applicant continued to serve with this unit performing a series of duties that included being a gunner, a forward observer, and an assistant squad leader.  
6.  General Orders Number 44, 173rd Airborne Brigade, dated 7 January 1970, awarded the applicant the Purple Heart for wounds received in action against a hostile force in the Republic of Vietnam on 4 December 1969.

7.   General Orders Number 1115, 173rd Airborne Brigade, dated 16 May 1970, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period from June 1969 to June 1970.

8.  General Orders Number 415, 173rd Airborne Brigade, dated 23 February 1971, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flights in the Republic of Vietnam during the period from 
24 June 1969 to 6 February 1971.

9.  General Orders Number 1714, 173rd Airborne Brigade, dated 18 July 1971, awarded the applicant the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam during the period from July 1970 to August 1971.

10.  General Orders Number 439, 67th Evacuation Hospital, dated 23 July 1971, awarded the applicant the Purple Heart for wounds received in action against a hostile force in the Republic of Vietnam on 22 July 1971.

11.  On 5 August 1971, the applicant was medically evacuated to Japan and then on to the Boston Naval Hospital, Chelsea, Massachusetts. 

12.  On 10 April 1972, the applicant was released from active duty, transferred to the United States Army Reserve, and placed on the retired list by reason of permanent disability.  He had attained the rank of sergeant, pay grade E5 and had completed 3 years, 8 months, and 9 days of creditable active duty.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Purple Heart, Air Medal, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal, Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Army Good Conduct Medal or a second award of the Purple Heart, Air Medal, or Bronze Star Medal. 

14.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
15.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

16.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

17.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring, the DA Sanctuary Counteroffensive, the Vietnam Counteroffensive, Phase VII, and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1stt Battalion, 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded two Purple Hearts for wounds received in action against a hostile force.  Therefore, his records should be corrected to show these awards.

2.  General Orders show that the applicant was awarded two Bronze Star Medals for meritorious service.  Therefore, his records should be corrected to show these awards.


3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

6.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards. 

7.  There is no evidence of record, and the applicant has not provided any evidence, to support his contention that he should be awarded additional Air Medals.  Therefore, the applicant’s request for additional Air Medals should not be granted.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 April 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
9 April 1975.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__ENA__  __AUJ___  ___REB_  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 him the Army good Conduct Medal for the period from 
2 August 1968 to 1 August 1971; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with Oak Leaf Cluster, Bronze Star Medal with Oak Leaf Cluster, Army Good Conduct Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

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 additional Air Medals.  




_     Eric N. Anderson____
          CHAIRPERSON




INDEX

CASE ID
AR20060013919
SUFFIX

RECON
 
DATE BOARDED
20070517 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
  
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.