RECORD OF PROCEEDINGS


	IN THE CASE OF:       


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070008024 


	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:


Ms. Carmen Duncan

Chairperson

Mr. Chester A. Damian

Member

Mr. Ronald D. Gant

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show his correct social security number, and awards of the Bronze Star Medal and two Purple Hearts. 

2.  The applicant states that his social security number is shown incorrectly on his DD Form 214, and his Bronze Star Medal and second Purple Heart have been omitted from his DD Form 214.

3.  The applicant provides a letter of support from a former member of his unit and a narrative report titled "Battle of the Triangle".

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.  On 22 March 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B2O (Light Weapons Infantryman).

3.  Records show that the applicant enlisted using social security number 237-##-####.  However, on a few documents, to include some award orders and his DD Form 214, his social security number is incorrectly shown as 477-##-####.

4.  Special Orders Number 128, United States Army Training Center, Fort Bragg, North Carolina, dated 29 April 1968, [as shown in Item 41 (Awards and Decorations), Enlisted Qualification Record (DA Form 20)], awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14).

5.  Special Orders Number 165, United States Army Training Center, Fort Bragg, North Carolina, dated 12 June 1968, [as shown in Item 41, DA Form 20] awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M16).

6.  Special Orders Number 178, United States Army Training Center, Fort Bragg, North Carolina, dated 21 June 1968, [as shown in Item 41, DA Form 20] awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M60).

7.  On 15 September 1968, the applicant was assigned for duty as a rifleman with the 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade, in the Republic of Vietnam.  

8.  On 19 March 1969, the applicant was wounded in action, not seriously, but required hospitalization.  General Orders Number 2490, Headquarters, Americal Division, dated 10 April 1969, awarded him the Purple Heart.

9.  On 29 May 1969, the applicant was again wounded in action.  His wounds were very serious and required hospitalization.  On 8 June 1969, he was assigned to the Medical Holding Company, 249th General Hospital.  He was returned to the United States on or about 3 July 1969.

10.  General Orders Number 5993, Headquarters, Americal Division, dated 1 July 1969, awarded the applicant the Air Medal, for the period from 2 September 1968 to 26 May 1969, for meritorious achievement while participating in aerial flight.

11.  General Orders Number 7038, Headquarters, Americal Division, dated 
25 July 1969, awarded the applicant the Bronze Star Medal, for the period from August 1968 to May 1969, for meritorious service in connection with military operations against a hostile force.

12.  Item 41 of the applicant’s DA Form 20, shows that General Orders Number 116, Headquarters, Americal Division, dated in 1969, awarded him his second Purple Heart, represented by an Oak Leaf Cluster.

13.  The Vietnam Casualty Roster shows that the applicant was twice wounded in action; once on 19 March 1969 and again on 29 May 1969.

14.  On 4 September 1969, the applicant was assigned as a mail clerk with the 305th Army Postal Unit, Fort Bragg, North Carolina. 

15.  On 20 March 1970, the applicant was released from active duty.  He had attained the rank of specialist four (pay grade E-4), and had completed 
1 year, 11 months, and 29 days of creditable active duty.

16.  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, Purple Heart, Combat Infantryman Badge, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  It does not show award of the Bronze Star Medal, a second Purple Heart, or any marksmanship badges.

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.  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. 

19.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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 3 campaign periods: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive, 1969.  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 4th Battalion, 21st Infantry 
Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 2, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

22.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant’s correct social security number is 237-##-####.  Therefore, his DD Form 214 should be corrected to read in Item 3 (Social Security Number) 237-##-####.

2.  General Orders and records clearly show that the applicant was twice wounded in action and awarded the Purple Heart, with Oak Leaf Cluster.  Therefore, the applicant's records should be corrected to show that he was awarded the Purple Heart with one Oak Leaf Cluster. 

3.  General Orders show that the applicant was awarded the Air Medal and the Bronze Star Medal.  Therefore, his records should be corrected to show these awards.

4.  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.

5.  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 already-awarded Vietnam Service Medal.

6.  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.

7.  Records show the applicant qualified as a sharpshooter with his rifle and machinegun.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machinegun Bars (M-60).

8.  Records show the applicant qualified as a marksman with his rifle.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

BOARD VOTE:

_ CD___  __RDG__  __CAD  __  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 by

a.  showing in Item 3, of the applicant’s DD Form 214 his social security number as 237-##-####;

b.  awarding him the Army Good Conduct Medal for the period from 
22 March 1968 to 20 March 1970; and

 	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Air Medal; Bronze Star Medal; an Oak Leaf Cluster to be affixed to his already awarded Purple Heart; Army Good Conduct Medal; three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; Sharpshooter Marksmanship Qualification Badge with Rifle
(M-14) and Machinegun (M-60) Bars; Marksman Marksmanship Qualification Badge with Rifle Bar (M-16); and the Republic of Vietnam Gallantry Cross, with Palm Unit Citation.




___   Carmen Duncan ____
          CHAIRPERSON




INDEX

CASE ID
AR20070008024
SUFFIX

RECON
 
DATE BOARDED
20071030 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.
107
3.

4.

5.

6.