RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  16 August 2007
	DOCKET NUMBER:  AR20070004245 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William Blakely

Member

Mr. Donald L. Lewy

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 military records to show award of the Bronze Star Medal and the Purple Heart.

2.  The applicant states, in effect, that he did not receive these awards when he returned from the Republic of Vietnam.  He further states that unit orders numbers 67 and 335 were published by Headquarters and Headquarters Troop, 3rd Squadron, 8th Cavalry Regiment, in 1966.

3.  The applicant provides no additional documentation. 

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 Awards and Decorations Computer Assisted Retrieval System (ADCARS) does not show any orders awarding the applicant the Bronze Star Medal or the Purple Heart for his service in the Republic of Vietnam.  

3.  The applicant requests correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence authorizing award of the Bronze Star Medal to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings. 

4.  On 3 June 1965, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 63C1O (Track Vehicle Mechanic).  
5.  Special Orders Number 200, United States Army Training Center and Fort Leonard Wood, dated 19 July 1965, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.   

6.  On 6 December 1965, the applicant was assigned for duty as a track vehicle mechanic with the 3rd Squadron, 8th Cavalry Regiment, in the Federal Republic of Germany.

7.  On 5 August 1966, the applicant was assigned as a track vehicle mechanic with the Transportation Company (Provisional), in the Republic of Vietnam.

8.  On 13 November 1966, the applicant was assigned as a scout observer with Troop A, 1st Squadron, 11th Armored Cavalry Regiment.

9.  On 17 March 1967, the applicant was temporarily promoted to sergeant, pay grade E5, and awarded a primary MOS of 11B4O (Light Weapons Infantryman).

10.  On 17 July 1967, the applicant was returned to the United States for duty at Fort Carson, Colorado.

11.  The applicant’s name is not listed on the Vietnam Casualty Roster.  There is no available evidence of record showing that he was wounded or given medical treatment for wounds.

12.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.

13.  On 31 May 1968, the applicant was released from active duty.  He had attained the permanent rank of sergeant, pay grade E5 and had completed 
2 years, 11 months and 28 days of creditable 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, Vietnam Service Medal, Combat Infantryman Badge, and the Vietnam Campaign Medal.  It does not show award of the Purple Heart or his marksmanship qualification badge.

15.  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.  
16.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

17.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

18.  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.  

19.  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 three campaign periods: the Vietnam Counteroffensive, the Vietnam Counteroffensive, Phase II, and the Vietnam Counteroffensive, Phase III.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

20.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  Therefore, the applicant's request for award of the Purple Heart should not be granted.
  
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.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

5.  Special orders 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_ WDP__  __WB __  __DLL   __  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.  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 
3 June 1965 to 31 May 1968; and

b.  showing  that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, three bronze service stars to be affixed to his Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




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 the Purple Heart.  




__      William D. Powers_________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
 
DATE BOARDED
20070816 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.