RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070013716 


	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 T. Meixell

Chairperson

Ms. Carmen Duncan

Member

Ms. Rea M. Nuppenau

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 records be corrected to show the awards of the Purple Heart and the Bronze Star Medal.

2.  The applicant states that he earned the Purple Heart and the Bronze Star Medal during his military career.

3.  The applicant does not provide any additional documentation. 

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 was inducted into the Army of the United States and entered active duty on 30 December 1965.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  He served with Headquarters and Headquarters Company (HHC), Company B, and Company D; 1st Battalion, 27th Infantry, 25th Infantry Division in the Republic of Vietnam during the period 11 December 1966 to 1 September 1967.  He was honorably separated from active duty as a sergeant on 2 December 1967.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar.  However, it does not show the award of the Purple Heart and Bronze Star Medal.
5.  Headquarters, 25th Infantry Division General Orders Number 4689 dated  
3 December 1967, awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force for the period from December 1966 to November 1967.

6.  A review of the Republic of Vietnam Casualty Roster show the applicant's name was listed among those wounded on 6 October 1967.  The applicant's entry contains the injury code "24" which indicates he was wounded in action and the wound was not serious enough for hospitalization.

7.  Item 40 (Wounds) of DA Form 20 (Enlisted Qualification Record) shows the entry "Sprained (R) Ankle Cut to (R) Leg, 6 Oct 67."

8.  Item 41 (Awards and Decorations) of his DA Form 20 shows that he was awarded the Marksman Marksmanship Qualification Badge with Mortar Bar by the authority of Headquarters, U.S. Army Training Center Infantry, Fort Ord, California.

9.  Army Regulation 672-5-1 (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 by a medical officer, 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.

10.  Review of the applicant's records indicates entitlement to additional awards that are not shown in item 24 of his DD Form 214.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

12.  Army Regulation 672-5-1, 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.  
13.  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 the unit, to which the applicant was assigned, HHC, 1st Battalion, 27th Infantry, 25th Infantry Division was cited for an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971 and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

14.  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.

15.  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 II (1 July 1966 to 31 May 1967) and Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 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.

DISCUSSION AND CONCLUSIONS:

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

2.  Orders show that the applicant was awarded the Bronze Star Medal.  Therefore, he is entitled to correction of his records to show this award.

3.  The Republic of Vietnam Casualty Roster shows the applicant sustained wounds as a result of hostile action on 6 October 1967.  This is sufficient evidence to meet the criteria for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on  
6 October 1967 and correction of his records to show this award.

4.  Records show he is authorized award of the Army Good Conduct Medal for the period 30 December 1965 to 2 December 1967 based on completion of a period of qualifying service, ending with the termination of a period of Federal military service.  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 show the applicant is entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and 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 show the applicant was awarded the Marksman Marksmanship Qualification Badge with Mortar Bar.  Therefore, he is entitled to correction of his records to show this award.

7.  Evidence show 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:

__JTM_ _  __CD  _ _  __RMN__  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 to show award of the Purple Heart for wounds sustained in the Republic of Vietnam on
6 October 1967; the Bronze Star Medal; the Army Good Conduct Medal for the period 30 December 1965 to 2 December 1967; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; Marksman Marksmanship Qualification Badge with Mortar Bar; and two bronze service stars to be affixed to his Vietnam Service Medal.




___John T. Meixell    __
      CHAIRPERSON



INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20080214
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.