RECORD OF PROCEEDINGS


	IN THE CASE OF:    	  


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070008188 


	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 award of the Purple Heart.

2.  The applicant states that he earned the Purple Heart but never received it.

3.  The applicant provides a copy of his Bronze Star Medal.

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 19 May 1965, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 11C1O (Infantry Indirect Fire Crewman).            

3.  On 30 October 1965, the applicant was assigned for duty as a gunner with the 1st Battalion, 7th Cavalry, 1st Cavalry Division, in the Republic of Vietnam. 

4.  General Orders Number 3238, 1st Cavalry Division, dated 13 September 1966, awarded the applicant the Air Medal for the period from 6 November 1965 to 26 August 1966, for meritorious achievement while participating in aerial flight operations. 

5.  On 22 December 1966, he was assigned to the 4th Battalion, 18th Infantry Regiment, in the Federal Republic of Germany.

6.  On 31 May 1967, the applicant was reassigned to Advisory Team Number 1, I-Corps, in the Republic of Vietnam, for duty as operations assistant.

7.  General Orders Number 525, United States Military Assistance Command, Vietnam, dated 12 March 1968, awarded the applicant the Bronze Star Medal, with “V” Device, for heroism in connection with military operations against a hostile force on 31 January 1968.

8.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 31 January 1968, not very serious, but required hospitalization.   

9.  On 22 March 1968, the applicant was promoted to staff sergeant (pay grade E-6).

10.  On 9 May 1968, the applicant was returned to the United States.

11.  On 11 May 1968, the applicant was released from active duty.  He had attained the rank of staff sergeant (pay grade E-6), and had completed 2 years,
11 months, and 23 days of creditable active duty.

12.  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, Bronze Star Medal, Army Occupation Medal (Berlin), Vietnam Service Medal, Parachutist Badge, Combat Infantryman Badge, and the Republic of Vietnam Campaign Medal.  It does not show award of the Purple Heart, Air Medal, or any marksmanship qualification badges.

13.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.

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

15.  Special Orders Number 188, United States Army Training Center, Armor, and Fort Knox, Fort Knox, Kentucky, dated 7 July 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

16.  Special Orders Number 119, United States Army Training Center, Infantry, Fort Gordon, Georgia, dated 19 August 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Cal).

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, provided that the Army Good Conduct Medal was awarded to individuals who had completed 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.  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 six campaign periods: the Vietnam Defense; the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Tet 68 Counteroffensive; and the Vietnam Counteroffensive, Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

20.  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 Advisory Team Number 1, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 40, dated 1967, for award of the Presidential Unit Citation.   This unit was also cited in DAGO Number 70, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster clearly shows that the applicant was wounded in action against the enemy while serving in the Republic of Vietnam.  Therefore, the applicant's request for award of the Purple Heart should 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.  General Orders show that the applicant was awarded the Air Medal and the Bronze Star Medal with “V” Device.  Therefore, his records should be corrected to show these awards.

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

5.  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.

6.  Records show that the applicant participated in six campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

7.  Special orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge, with Rifle and Pistol Bars.  Therefore, his records should be corrected to show these awards.

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.  awarding him the Purple Heart, for wounds received as a result of hostile action on 31 January 1968, in the Republic of Vietnam;

	b.  awarding him the Army Good Conduct Medal for the period from 
19 May 1965 to 11 May 1968; and
	
c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart; Air Medal; a “V” Device to be affixed to his already-awarded Bronze Star Medal; Presidential Unit Citation; Army Good Conduct Medal; a silver service star and a bronze service star to be affixed to his already-awarded Vietnam Service Medal; Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




__      Carmen Duncan ___________
          CHAIRPERSON




INDEX

CASE ID
AR20070008188
SUFFIX

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

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.