RECORD OF PROCEEDINGS


	IN THE CASE OF:    	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070008231


	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. Hubert O. Fry, Jr.

Chairperson

Mr. Michael J. Flynn

Member

Mr. William Blakely

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 Air Medal and the Purple Heart.

2.  The applicant states that these awards were never entered on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, Purple Heart Certificate, and his Air Medal Certificate.

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 January 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.  On 28 November 1968, the applicant was assigned for duty as a rifleman with the 3rd Battalion, 39th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam. 

4.  The applicant’s name is listed on the Vietnam Casualty Roster showing that he was wounded as a result of enemy action on 13 May 1969.  This information is in agreement with the data shown on the Purple Heart Certificate provided by the applicant.

5.  On 25 May 1969, the applicant was returned, as a patient, to the Medical Holding Detachment, Lyster Army Hospital, Fort Rucker, Alabama.

6.  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.  

7.  On 17 September 1969, the applicant was released from active duty.  He had attained the rank of specialist four (pay grade E-4), and had completed 1 year, 
7 months and 28 days of creditable active duty.

8.  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, Army Commendation Medal, Combat Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.  It does not show award of the Air Medal or Purple Heart. 

9.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded the Air Medal.

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

11.  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. 

12.  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. 


13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 
3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
 
14.  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 two campaign periods: the Vietnam Counteroffensive, Phase VI, and the Tet 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  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 39th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 43, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

16.  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.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with "1960-" Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.




DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show that the applicant was awarded the Air Medal.  The Air Medal Certificate provided by the applicant is insufficient by itself to support a correction of his DD Form 214.  However, should the applicant have a copy of the award order, or be able to obtain a copy, he may submit a request for reconsideration. 

2.  The applicant's name is listed on the Vietnam Casualty Roster.  The evidence provided by the applicant shows that he was awarded the Purple Heart for wounds received as a result of enemy action.  Therefore, the applicant's records should be corrected to show award of the Purple Heart.

3.  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.

4.  Records show that the applicant served during a qualifying period for award of the Vietnam Service Medal.  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with "1960-"Device.  Therefore, his records should be corrected to show this award.

7.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__WB___  __MJF  __  __HOF__  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 
19 January 1968 to 17 September 1969; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with "1960-"Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class 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 Air Medal.




__     Hubert O. Fry, Jr._______
          CHAIRPERSON




INDEX

CASE ID
AR20070008231
SUFFIX

RECON
 
DATE BOARDED
20071023 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.