RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070014125 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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 amended to add the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart for wounds he received from an enemy-fired rocket-propelled grenade.  He signed the DD Form 214 without properly reviewing it.

3.  The applicant provides his DD Form 214; Purple Heart orders; and a Purple Heart award certificate.

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 was inducted into the Army on 7 April 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam on or about 25 September 1969 and was assigned to the 3d Battalion, 21st Infantry on 5 October 1969.  

4.  Headquarters, Americal Division General Orders Number 11006, dated        24 October 1969, awarded the applicant the Purple Heart for wounds received on 21 October 1969.  His name is listed on the Vietnam Casualty Roster as being wounded on 21 October 1969.

5.  The applicant departed Vietnam on 9 September 1970 after being credited with participating in four campaigns.  

6.  The applicant was honorably released from active duty on 19 March 1971, in pay grade E-5, after completing 1 year, 11 months, and 13 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with device (1960), the Combat Infantryman Badge, the Bronze Star Medal, the Expert Marksmanship Qualification Badge with Rifle bar, and the National Defense Service Medal.

7.  The applicant’s DA Form 20 shows his conduct and efficiency were rated as “excellent” throughout his service, and his records contain no derogatory information.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

9.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service  

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 3d Battalion, 21st Infantry, it was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, once for the period 24 August through 31 December 1969 and once for the period 31 March through 30 June 1970, both by Department of the Army General Orders Number 42, dated 1972.

11.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart; therefore, his DD Form 214 should be amended to add the Purple Heart.

2.  It appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal.  He completed over 23 months of creditable active service with no lost time and no derogatory information in his records.  His conduct and efficiency were rated as “excellent” throughout his service.  He should be awarded the Army Good Conduct Medal.

3.  The applicant was credited with participating in four campaigns while in Vietnam and he is therefore eligible to wear four bronze service stars on his Vietnam Service Medal, not three as reflected on his DD Form 214.  His DD Form 214 should be amended to reflect this fact.

4.  The applicant was assigned to a unit during a period of time that unit was twice awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and therefore is authorized to wear one of those awards.  Both awards should be listed on his DD Form 214.

BOARD VOTE:

__jbg___  __dws___  __rsv___  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 first award of the Army Good Conduct Medal for the period 7 April 1969 through 19 March 1971; and

     b.  amending his DD Form 214 to add the Purple Heart, the Army Good Conduct Medal, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear four bronze service stars on his already-awarded Vietnam Service Medal in lieu of the three bronze stars now reflected.



__James B. Gunlicks___
          CHAIRPERSON



INDEX

CASE ID
AR20070014125
SUFFIX

RECON

DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

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

ISSUES         1.
110.04
2.

3.

4.

5.

6.