RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20060015522 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Joe R. Schroder

Member

Mr. Chester A. Damian

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 item 5a (Grade, Rate, or Rank), of his DD Form 214 (Armed Forces of the United Report of Transfer or Discharge), be corrected to show the entry "SGT" (Sergeant), instead of the entry "SP-4" (Specialist Four); item 5b (Pay Grade), be corrected to show the entry "E-5," instead of the entry "E-4," and that item 6 (Date of Rank) be corrected.  He also requests that his DD Form 214 be corrected to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that item 5a, 5b, and 6 are incorrect and that his DD Form 214 fails to show that he was awarded the Purple Heart.   

3.  The applicant provides a copy of his DD Form 214 and a copy of orders awarding him the Purple Heart in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 1 April 1972, the date he was permanently retired by reason of physical disability.  The application submitted in this case is dated 25 October 2006, but was received for processing on 3 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 applicant's record shows he enlisted in the Regular Army on 6 February 1967.  The applicant successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11H, Infantry Indirect Fire Crewman.

4.  The applicant served in Vietnam from 1 February 1968 to 5 June 1968.  He was promoted to SP4/E-4 effective 27 September 1967.  

5.  The applicant was separated by reason of physical disability on 1 July 1969.  He was placed on the TDRL (Temporary Disability Retired List) effective 2 July 1969, in the rank of SP4.  

6.  His AGPZ Form 44 (Special Orders Number 111, Paragraph 304, dated 10 June 1969) shows his retired grade as "SP4."  

7.  There is no evidence in his military personnel records that show he was recommended for promotion to SGT/E-5 or that he attained promotion list status by a local promotion board, prior to his placement on the TDRL.  

8.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  His DD Form 214 does not show any additional awards.

9.  Item 5a, of his DD Form 214, shows the entry "SP-4," item 5b, shows the entry "E-4," and item 6 shows the entry "27 SEP 1967" (27 September 1967).

10.  The applicant was removed from the TDRL and was permanently retired by reason of physical disability, effective 31 March 1972, in the rank of SP4.  He was placed on the Retired List effective 1 April 1972, in the rank of SP4.  

11.  The applicant's records contain a copy of his AGPZ Form 977 (Data for Retired Pay), dated 1 April 1972, which show his retired grade as "SP4."  

12.  The applicant provided a copy of Headquarters, 93rd Evacuation Hospital General Orders Number 120, dated 29 April 1968, which awarded him the Purple Heart, for wounds received in connection with military operations against a hostile force on 28 April 1968, while serving in Vietnam.

13.  The applicant's record contains a copy of Headquarters, United States Army Vietnam Special Orders Number 120, dated 29 April 1968, which awarded him the Combat Infantryman Badge.

14.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

15.  Army Regulation 635-5 provides instructions for the preparation of the DD Form 214.  It states, in pertinent part, that item 5a (Grade, Rate or Rank) and 5b (Pay Grade) will be completed to show the active duty grade or rank and pay grade at the time of separation.  It also states that item 6 (Date of Rank) will be completed to show the date of rank of the promotion to the current pay grade from the most recent promotion order or reduction instrument.  

16.  Army Regulation 600-8-22 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.

17.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two additional bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with "1960" Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with "1960" Device.  He was wounded and evacuated.

19.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 21, dated 1969, and the Meritorious Unit Commendation, by DAGO Number 37 dated 1970, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 



20.  Paragraph 7-12, of Army Regulation 600-200, in effect at the time of the applicant's service provided that a commander could promote personnel missing or hospitalized as a result of hostile action. 

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records, and the applicant has provided none, to show that he was recommended for promotion to sergeant or was officially promoted to sergeant prior to his placement on the TDRL.  Therefore, there is an insufficient basis upon which to correct items 5a, 5b, and 6, of his DD Form 214.

2.  The evidence of record shows that the applicant was awarded the Purple Heart, for wounds received in connection with military operations against a hostile force on 28 April 1968, while serving in Vietnam.  Therefore, this evidence is sufficient as a basis for correction of his records to show the Purple Heart.  

3. The evidence of records shows that the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this award.

4.  A review of the applicant's service personnel records revealed no evidence that would disqualify him from award of the Good Conduct Medal.  There are no entries in his qualification record to indicate he was disqualified from this award 
by any of his commanders.  In the absence of any evidence disqualifying him for this award, the applicant is entitled to award of the Good Conduct Medal for the period 6 February 1967 to 1 July 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  He is also entitled to have this award added to his DD Form 214.

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns and he is therefore, entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The evidence of record shows that the applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal with "1960" Device.  He was wounded in action and medically evacuated as a result of his wounds.  Therefore, he is entitled to correction of his records to show this award.



7.  The applicant's unit was cited for award of the Republic of Vietnam 
Gallantry Cross, with Palm, Unit Citation, and the Meritorious Unit Commendation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 April 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 31 March 1975.  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 FULL RELIEF 

__LDS__  __JRS___  ___CD__  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 to show that he was awarded the Purple Heart; the Combat Infantryman Badge; the Good Conduct Medal for the period 6 February 1967 to 1 July 1969; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Campaign Medal, with "1960" Device; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Meritorious Unit Commendation to the applicant and its addition to his DD Form 214.








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 item 5a (Grade, Rate, or Rank), of his DD Form 214, to show the entry "SGT," item 5b (Pay Grade) to show the entry "E-5," and that item 6 (Date of Rank) be corrected.




_____Linda D. Simmons______ 
          CHAIRPERSON




INDEX

CASE ID
AR20060015522
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070605
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19720401
DISCHARGE AUTHORITY
AR . TDRL/PDRL
DISCHARGE REASON

BOARD DECISION
DENY/GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.