RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 December 2007
	DOCKET NUMBER:  AR20070009577 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Ms. Marla J. N. Troup

Member

Mr. Thomas M. Ray

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show a second award of the Purple Heart (in effect, a Purple Heart with Oak Leaf Cluster), Army Commendation Medal (ARCOM), and the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, his DD Form 214 does not show his ARCOM for heroism, two Purple Hearts, and CIB.

3.  The applicant provides a copy of his DD Form 214 and Headquarters,  
9th Infantry Division General Orders Number 959 dated 25 February 1968.

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's military service records show that he entered active duty on  
13 March 1967.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group, St. Louis, Missouri on 13 March 1969 after serving 2 years of active service.

3.  He served a tour with Company E and Company A, 2nd Battalion,  
60th Infantry, 9th Infantry Division in the Republic of Vietnam during the period 26 August 1967 to 13 January 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the Purple Heart with Oak Leaf Cluster, ARCOM and CIB.

5.  Headquarters, 9th Infantry Division General Orders Number 5560 dated  
24 May 1967 shows that the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on  
7 October 1967.

6.  Headquarters, 9th Infantry Division General Orders Number 308 dated  
4 November 1967 shows that the applicant was awarded the CIB (First Award).

7.  Headquarters, 9th Infantry Division General Orders Number 959 dated  
25 February 1968 shows that the applicant was awarded the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 10 December 1967.

8.  A review of the Republic of Vietnam Casualty Files show the applicant's name listed once among those wounded on 7 October 1967.

9.  A review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

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 required treatment, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

11.  Army Regulation 600-8-22 states, in pertinent part, that an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.





12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968) and TET Counteroffensive (30 January 1968 to 1 April 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  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.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the applicant was separated, required that throughout a qualifying period of service 
for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

14.  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 document shows that Company E and Company A, 2nd Battalion, 60th Infantry, 9th Infantry Division were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 31, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, based on Department of the Army General Order Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart with Oak Leaf Cluster, ARCOM and CIB.

2.  Orders Number 5560 dated 24 May 1967 shows that the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 7 October 1967.  However, there is no evidence to verify the applicant was wounded twice as a result of hostile action.  Therefore, the applicant is not entitled to correction of his records to show the Purple Heart with Oak Leaf Cluster.

3.  Orders show that the applicant was awarded the CIB (First Award) and the ARCOM with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 10 December 1967. Therefore, the applicant is entitled to correction of his records to show these awards.

4.  Records show he is entitled to the first award of the Army Good Conduct Medal for the period 14 March 1967 to 13 March 1969 based on completion of a period of qualifying service of 2 years ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore he is entitled to correction of his records to show this award.

5.  Evidence shows the applicant is entitled to the award 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 correction of his records to show these foreign unit awards.

6.  Evidence shows that the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JNS__  __MJNT_  __TMR__  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 the Purple Heart; ARCOM with "V" Device; CIB (First Award); Army Good Conduct Medal for the period 14 March 1967 to 13 March 1969; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and two bronze service stars to be affixed to his Vietnam Service Medal.
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 with Oak Leaf Cluster.  




_____John N. Slone____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20071218
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

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

ISSUES         1.

2.

3.

4.

5.

6.