RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 September 2007
	DOCKET NUMBER:  AR20070005997 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Ronald D. Gant

Member

Mr. Rowland C. Heflin

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 award of the Purple Heart and the Good Conduct Medal.  

2.  The applicant states, in effect, that he received orders authorizing him award of the Good Conduct Medal which was supposed to be sent to him after his separation from the Army.  The applicant adds that he lost his copies of the orders in a house fire.  The applicant continues that he was stationed in the Republic of Vietnam he was wounded in combat five different times and was given the Purple Heart when he was in the hospital but he never received the paper work.  

3.  The applicant provides no additional documentary evidence in support of this application.

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 enlisted in the Regular Army on 2 July 1968.  After completion of basic and advanced individual training, he was awarded military occupational specialty 11B (Infantryman).  The applicant's record shows that he served in the Republic of Vietnam during the period 26 May 1969 through 24 October 1969, while assigned to the Company C, 2nd Battalion, 505th Infantry of the 3rd Brigade, 82nd Airborne Division, and during the period 25 October 1970 through 10 April 1970, while assigned to Company D, 1st Battalion (Airborne), 503 Infantry of the 173rd Airborne Brigade. 



3.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), shows that on 1 July 1971, he was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  The applicant's DD Form 214 also shows he completed a total of 3 years, of creditable Federal military service with no time lost and the highest rank he attained while serving on active duty was specialist four/pay grade E-4.  

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart or the Good Conduct Medal

5.  There are no general orders in the applicant's records to show he was awarded the Purple Heart or the Good Conduct Medal.  

6.  The applicant's record does not show that the applicant had any acts of indiscipline.  There also is no evidence he was disqualified by his chain of command for award of the Army Good Conduct Medal (First Award).

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that all of his recorded conduct and efficiency ratings were excellent throughout his tour of service.

8.  There are no medical records in the applicant's official military personnel file which shows he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

9.  The applicant's name does not appear on the Vietnam Casualty Roster for injuries sustained as a result of hostile action while in the Republic of Vietnam.

10.  Army Regulation 600-8-22 (Military Awards) 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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.

11.  Army Regulation 600-8-22 (Military Awards) 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.

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

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Company C, 2nd Battalion, 505th Infantry of the 3rd Brigade, 82nd Airborne Division in the Republic of Vietnam the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Orders (DAGO) Number 43, dated 1970.

14.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant's assignment to Company D, 1st Battalion (Airborne), 503 Infantry of the 173rd Airborne Brigade it was cited for award of the Republic of the Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period 15 April 1969 through 16 March 1971, based on DAGO Number 5, dated 1973.

15.  Department of the Army, Headquarters, 3rd Advance Individual Training Brigade (Infantry) United States Army Training Center, Infantry, Fort Gordon, Georgia Special Orders Number 224, dated 2 November 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle.  

16.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  The applicant's records indicate he participated in the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970 campaigns.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart due to injuries sustained by enemy fire.  The applicant further contends that he is entitled to award of the Good Conduct Medal.
2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam Casualty Roster.

3.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base any award of the Purple Heart in this case.

4.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant's records show no acts of indiscipline and he distinguished himself by his conduct and efficiency ratings of "excellent."  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

5.  Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his records corrected to show these foreign unit awards.

6.  Orders show the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16.  Therefore, he is entitled to have his records corrected to show this qualification badge.

7.  Records show that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_RCH__  __JEV___  _RDG____  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 showing he was awarded the Army Good Conduct Medal, three bronze service stars to be affixed to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 Rifle.  

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 the Purple Heart.




_James E. Vick___
          CHAIRPERSON




INDEX

CASE ID
AR20070005997
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.