RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  5 February 2008
	DOCKET NUMBER:  AR20070013255 


	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. Kenneth L. Wright

Chairperson

Mr. Antonio Uribe

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 a second Purple Heart.

2.  The applicant states that he was wounded by shrapnel during artillery shelling by friendly fire.  At a later time, he received shrapnel wounds from enemy fire.  He further states that he received a Purple Heart for the first incident but not for the second time he was wounded. 

3.  The applicant provides a copy of his DD Form 214.

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 24 May 1967, 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 1 October 1967, the applicant was assigned for duty as a rifleman with the 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division, in the Republic of Vietnam.

4.  The Vietnam Casualty Roster shows that the applicant was twice wounded as a result of enemy action, once on 5 February 1968 and again on 7 March 1968.

5.  General Orders Number 1117, 25th Infantry Division, dated 14 March 1968, awarded the applicant the Purple Heart (Oak Leaf Cluster) for wounds received in action on 7 March 1968.

6.  General Orders Number 7148, 25th Infantry Division, dated 12 October 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 22 August 1968.

7.  General Orders Number 7153, 25th Infantry Division, dated 22 May 1969, awarded the applicant the Purple Heart for wounds received in action on 
5 February 1968.

8.   On 17 October 1968, the applicant was returned to the United States for duty at Fort Bragg, North Carolina.

9.  On 23 May 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 2 years of creditable active duty.

10.  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, Purple Heart, Vietnam Service Medal, Vietnam Campaign Medal and the Combat Infantryman Badge.  It does not show award of a second Purple Heart, Army Commendation Medal with "V" Device, Army Good Conduct Medal, or any marksmanship qualification badges. 

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

12.  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. 

13.  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.  
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 four campaign periods: the Vietnam Counteroffensive, Phase III; the Tet 68 Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  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 4th Battalion, 23rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated 1970, for award of the Valorous Unit Award; in DAGO Number 48, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 51, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

16.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20, shows that he qualified as a marksman with his M-14 rifle.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was twice awarded the Purple Heart.  Therefore, the applicant's records should be corrected to show these awards.

2.  General Orders show that the applicant was awarded the Army Commendation Medal with "V" Device.  Therefore, his records should be corrected to show this award.

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 participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

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

6.  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.

7.  Records show the applicant qualified as a marksman with his rifle.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

__ KLW__  __AU ___  __RDG _  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 Army Good Conduct Medal for the period from 
24 May 1967 to 23 May 1969; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with one Oak Leaf Cluster, Army Commendation Medal with "V" Device, Valorous Unit Award, Army Good Conduct Medal, four bronze service stars to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.




	___ _Kenneth L. Wright ___
          		CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

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

ISSUES         1.

2.

3.

4.

5.

6.