RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060016690 


	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, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show all of his awards.

2.  The applicant states that he was wounded on three separate occasions. 

3.  The applicant provides copies of his DD Form 214, Purple Heart Certificates and orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 October 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.  On 28 October 1966, 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 11B1P (Light Weapons Infantryman) with a skill qualification identifier of “P” for his Airborne qualification.

4.  Special Orders Number 172, 1st Training Brigade, United States Army Training Center, Fort Gordon, Georgia, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  On 29 September 1967, the applicant was assigned for duty as an automatic rifleman with Company B, 1st Battalion (Airborne), 506th Infantry Regiment, Fort Campbell, Kentucky.

6.  On 3 December 1967, the applicant went with his unit to the Republic of Vietnam.

7.  On 24 March 1968, the applicant was assigned as an automatic rifleman with Company C, 2nd Battalion, 327th Infantry Regiment.

8.  On 25 May 1968, the Adjutant General, United States Army, sent the applicant’s parents a message informing them that their son had been slightly wounded in action on 19 May 1968.   He was on a combat operation when he was hit by fragments from a hostile rocket.   He received medical treatment at a hospital in the Republic of Vietnam.

9.  On 4 June 1968, the Adjutant General, United States Army, sent the applicant’s parents a message informing them that he had been slightly wounded in action on 1 June 1968.   He was on a combat operation when he came under hostile rocket attack.  Orders were published on 18 August 1968, awarding the applicant the Purple Heart for wounds received in action on 1 June 1968.  He received medical treatment at a hospital in the Republic of Vietnam.

10.  General Orders Number 35, 95th Evacuation Hospital, dated 10 June 1968, awarded the applicant the Purple Heart for wounds received in action against a hostile enemy on 9 June 1968. 

11.  On 13 June 1968, the applicant was assigned as an assistant gunner with Company A, 2nd Battalion, 327th Infantry Regiment.

12.  On 10 September 1968, the applicant was medically evacuated to the United States Naval Hospital, St. Albans, New York.  He was subsequently assigned to Fort Carson, Colorado for duty as a squad leader with the 3rd Battalion, 10th Infantry Regiment.

13.  On 27 October 1969, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He attained the rank of sergeant, pay grade E5 and had completed 3 years of active duty.

14.  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, Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with "1960" Device.   It does not show award of the Purple Heart, Army Good Conduct Medal, or any marksmanship qualification badges. 

15.  On 17 January 1991, the applicant was issued a Purple Heart Certificate for wounds received on 19 May 1968; and a second Purple Heart Certificate, First Oak Leaf Cluster for wounds received on 1 June 1968.

16.  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.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.

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

18.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

19.  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.  

20.  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 four campaign periods:  the Vietnam Counteroffensive, Phase III; the TET Counteroffensive, 1968; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

21.  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 1st Battalion, 506th Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation.  It further shows that the 2nd Battalion, 327th 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.  The evidence of record clearly shows that the applicant was wounded on three separate occasions as a result of hostile action.  Furthermore, he was awarded the Purple Heart for each occasion.  Therefore, his records should be corrected to show these awards.

2.  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.

3.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

4.  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.

5.  Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 October 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
26 October 1972.  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:

__ENA__  __AUJ___  __REB__  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:

	a.  awarding him the Army Good Conduct Medal for the period from 
28 October 1966 to 27 October 1969; and

	b.   showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with Two Oak Leaf Clusters, Meritorious Unit Commendation, Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




_      _Eric N. Anderson________
          CHAIRPERSON




INDEX

CASE ID
ARAR20060016690
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.