RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	8 November 2007  
	DOCKET NUMBER:  AR20070010208 


	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. Phyllis B. Mackey  

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Jose A. Martinez 

Member

Mr. Chester A. Damian

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, in effect, that he be awarded the Purple Heart and that it be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he had no proof of his entitlement for award of the Purple Heart on a previous application.  The applicant states that he found a company daily log on the internet to use as evidence concerning the wounds he received while serving in Vietnam.

3.  The applicant provides a copy of DA Form 1594, Daily Staff Journal or Duty Log, dated 12 August 1970; and a copy of his DD Form 214, dated 25 June 1971, in support of his request.  

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 records show that he was inducted into the Army of the United States on 20 August 1969.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 20 January 1970 through 12 December 1970.  He was assigned to Company C, 4th Battalion, 3rd Infantry, 11th Brigade, USARPAC (United States Army Pacific).  

4.  The applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR), on 25 June 1971, under the provisions of Army Regulation (AR) 635-200.  He was assigned SPN (Separation Program Number) 414 (To accept or return to employment of a seasonal nature).  He was separated in the rank and pay grade of Specialist Four, E-4.  On the date he was released from active duty, he had completed 1 year, 10 months, and 6 days of active military service, with no lost time.  He was honorably discharged from the USAR on 1 August 1975.

5.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to show that he received any wound/wounds in action against a hostile force.

6.  Item 41 (Awards and Decorations), of the DA Form 20, shows that the applicant was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device “1960”; the Army Commendation Medal; the Army Commendation Medal with 1st Oak Leaf Cluster; the Combat Infantryman Badge; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar (M-16); and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).  General Orders Number 15376 dated 24 November 1970, awarded the applicant the Air Medal; however, there is no entry in Item 41 showing this award.  There also is no entry in Item 41 showing that the applicant was awarded the Purple Heart.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form
214, shows he was awarded:  the National Defense Service Medal; the Vietnam Service Medal, with 2 Bronze Service Stars; the Republic of Vietnam Campaign Medal, the Army Commendation Medal, with 1 Oak Leaf Cluster; the Combat Infantryman Badge; the Expert Marksmanship Qualification Badge, (M-60, machine gun); and the Sharpshooter Marksmanship Qualification Badge, (rifle). 
Neither the Sharpshooter Marksmanship Qualification Badge (M-16, rifle) nor the Purple Heart is shown on the applicant's DD Form 214.

8.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

9.  The applicant's name does not appear on the Vietnam Casualty List.

10.  The applicant submitted a copy of a Daily Staff Journal or Duty Log, dated 12 August 1970, which states that he received small scratches on both legs due to an explosion of either a claymore mine or "frag" which was detonated in the area where he and other Soldiers were moving down a trail.  Based on this report, the applicant was likely attended to by military medical personnel for his wounds, which would also indicate his entitlement to award of the Purple Heart.   

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

12.  Records show that Headquarters, 23rd Infantry Division General Orders Number 15376, dated 24 November 1970 awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period 13 January 1970 – 7 November 1970.

13.  While in the Republic of Vietnam, the applicant participated in three campaigns:  the Vietnam Counteroffensive, which extended from 1 May through 30 June 1970; the Vietnam Counteroffensive, Phase VII, which extended from
1 July 1970 through 30 June 1971; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal with two bronze service stars; however, it does not show a third bronze service star, to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.
 
14.  AR 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

15.  AR 672-5-1, in effect at the time of the applicant's separation 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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, 4th Battalion, 3rd Infantry, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period of 31 March 1970 through 30 June 1970, by Department of the Army General Order (DAGO) Number 42, dated 1972. 

17.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action while serving in the Republic of Vietnam, 12 August 1970.  

2.  Based on all the facts and circumstances in this case, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.

3.  The applicant is entitled to the first award of the Good Conduct Medal, based on completion of a period of qualifying military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, with two bronze service stars.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal, with two bronze service stars.

5.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is, therefore entitled to correction of his records to show this unit award.

6.  General Orders Number 15376, dated 24 November 1970, awarded the applicant the Air Medal.  Therefore, he is entitled to correction of his records to show this award.

7.   The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Auto Rife Bar (M-16).  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__JAM __  __CAD__  __BJE___  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 the applicant the Purple Heart for wounds he received in action against a hostile enemy on 12 August 1970;

b.  deleting the Vietnam Service Medal, with two bronze service stars, from the applicant's DD Form 214; 

	c.  awarding the applicant the Vietnam Service Medal, with three bronze service stars, to denote his correct campaign participation credit; 

	d.  awarding the applicant the Good Conduct Medal, for the period 
20 August 1969 through 25 June 1971; 

e.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation;

f.  showing award of the Air Medal;





f.  showing award of the Sharpshooter Marksmanship Qualification Badge with Auto Rifle Bar; and

 g.  adding these awards to his DD Form 214.




	_____Barbara J. Ellis_________
          		CHAIRPERSON




INDEX

CASE ID
AR20070010208
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071108
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710625
DISCHARGE AUTHORITY
AR 635-200  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.0015 PH
2.

3.

4.

5.

6.