RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 January 2008
	DOCKET NUMBER:  AR20070011806 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones, II

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Michael J. Flynn

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 records to show award of the Purple Heart and the Bronze Star Medal.

2.  The applicant states, in effect, that the awards were left off his records due to an administrative oversight. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 16 October 1970; a copy of a Certificate and General Orders Number 1340, dated 22 December 1969, showing he was awarded the Purple Heart; and a copy of a Certificate and Citation, dated 7 March 1970, showing he was awarded the Bronze Star Medal, in support of his application.

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 18 October 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank he attained during his military service was specialist four/E-4.  He was honorably released from active duty on 16 October 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  The applicant's records also show that he served in the Republic of Vietnam during the period 10 April 1969 through 30 March 1970.  He was assigned to the 51st Medical Company.  


4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal, and the Vietnam Service Medal.  Item 24 does not show award of the Purple Heart or the Bronze Star Medal.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry for any wounds received.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

6.  The applicant's name is shown on the Vietnam Casualty Roster, under code "24" indicating he was wounded in action and that his wound was not serious enough to require hospitalization.

7.  The applicant's records contain a Department of the Army message, dated
15 November 1969, stating that the applicant sustained a fragment wound to the forehead as a result of engaging with hostile forces in a firefight on 14 November 1969 in the Republic of Vietnam.

8.  The applicant's records also contain a Western Union Telefax, dated 15 November 1969, informing the applicant's parents that he was slightly wounded in action in the Republic of Vietnam on 14 November 1969 as a result of hostile action.  He received fragment wounds to his forehead while driver of a military vehicle on a military mission when the area came under attack by a hostile force in the Republic of Vietnam.

9.  Headquarters, 44th Medical Brigade, General Orders Number 1340, dated 22 December 1969, show that the applicant was awarded the Purple Heart for wounds received in action on 14 November 1969.

10.  There are no General Orders in the applicant's records that show he was awarded the Bronze Star Medal.

11.  The applicant provided a copy of a Citation and Certificate, dated 7 March 1970, showing that he was awarded the Bronze Star Medal for meritorious achievement in ground operations against hostile forces during the period April 1969 through April 1970 in the Republic of Vietnam.  The period covered on the Certificate is consistent with the applicant's service in the Republic of Vietnam.  Additionally, the approving authority's name and signature on the Certificate appear to be consistent with those shown on the Certificate awarding him the Purple Heart.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  

14.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.  This regulation also specified that the approval authority for award of the Bronze Star Medal was generally delegated no lower than brigadier generals in command of separate brigades. 

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

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

17.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

18.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Tet 69 Counteroffensive, 1969; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970 campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

19.  Headquarters, U.S. Army Medical Training Center, Fort Sam Houston, Texas, Special Orders Number 59, dated 20 March 1969; show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), on 19 March 1969. 

20.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

21.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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.

22.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart and the Bronze Star Medal.

2.  General Orders show that the applicant was awarded the Purple Heart for fragment wounds sustained as a result of engaging with hostile forces on
14 November 1969 in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show this award.

3.  Evidence of record shows that the Bronze Star Certificate and Citation provided by the applicant are consistent with the time frame he served in the Republic of Vietnam and were authenticated by the same approval authority that awarded him the Purple Heart.  Therefore, there is sufficient evidence to award the applicant the Bronze Star Medal and to correct his records to show this award. 

4.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award. 

5.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

6.  Evidence of record confirms that the applicant served honorably during the period 18 October 1968 to 16 October 1970.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

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

8.  Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Bars.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__fcj___  __lmd___  __mjf___  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 Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 18 October 1968 to 16 October 1970; and

	c.  showing award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal (1st Award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Overseas Bars, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



							Frank C. Jones, II
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070011806
SUFFIX

RECON

DATE BOARDED
20080108
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.