RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20070004097 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Bernard P. Ingold

Chairperson

Mr. Thomas M. Ray

Member

Mr. Gerald J. Purcell

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 the already-awarded Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he be awarded the Good Conduct Medal. 

2.  The applicant states, in effect, that the Purple Heart and the Good Conduct Medal are not listed on his DD Form 214. 

3.  The applicant provides a copy of an award certificate awarding him the Purple Heart for a wound he received on 23 November 1967, and a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted on 21 September 1966.  The applicant successfully completed basic combat training and advanced individual training at Fort Knox, Kentucky.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 11D, Armor Intelligence Specialist.  

4.  The applicant served in Vietnam from 10 October 1967 to 1 December 1967.  He was promoted to pay grade E-5 on 31 May 1968.  He served until he was honorably released from active duty on 20 September 1968.  He was transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged on 20 September 1972.




5.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal; the National Defense Service Medal; the Republic of Vietnam Campaign Medal; and the Marksman Marksmanship Qualification Badge, with Pistol Bar.  His DD Form 214 does not show any additional awards.

6.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 23 November 1967. 

7.  The applicant's records contain a copy of his SF (Standard Form) 89 (Report of Medical History) which indicates he received wounds to his right and left leg and ear in November 1967 by a rocket attack while serving in Vietnam.  

8.  The applicant provided an award certificate which shows that he was awarded the Purple Heart, on 16 February 1968, for wounds received in action on 23 November 1967, while serving in Vietnam. 

9.  Item 38 (Record of Assignments), of his DA Form 20 (Enlisted Qualification Record), 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.  There is also no evidence that his commanders took action to deny him award of the Army Good Conduct Medal.

10.  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.

11.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

12.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the one bronze service star 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.
13.  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, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was slightly wounded in Vietnam on 23 November 1967 as a result of hostile action.  He was awarded the Purple Heart, as evidenced by his award certificate, dated 16 February 1968 and medical documentation. Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 21 September 1966 to 20 September 1968 ending with termination of a period of Federal military service.

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

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

BOARD VOTE:

__BI____  __TMR __  __GP___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by adding the already-awarded Purple Heart, to his DD Form 214; and

b.  by awarding the individual the Good Conduct Medal, for the period 21 September 1966 to 20 September 1968; the Vietnam Service Medal, with one bronze service star; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to his DD Form 214.




______Bernard P. Ingold_____
          CHAIRPERSON




INDEX

CASE ID
AR20070004097
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070830
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680920
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.