RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070015047 


	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. 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 correction of his records to show award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in the Republic of Vietnam on 11 June 1967.  

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 23 March 1969.

	b.  Certificate, dated 12 June 1967, showing he was awarded the Purple Heart. 

	c.  Western Union Message, dated 13 June 1967, notifying the applicant’s next of kin that he was wounded in action. 

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, with 8 years of prior Regular and Reserve service in the United States Marine Corps, he enlisted in the Regular Army on 24 March 1966 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  The highest grade he attained during his military service was staff sergeant (SSG)/E-6.  He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 23 March 1969.

3.  The applicant’s records show that he served in the Republic of Vietnam from 14 September 1966 to 13 September 1967.  He was assigned as a rifleman to Company A, 1st Battalion, 5th Infantry (Mechanized).

4.  Item 24 (Decoration, Medals, Badges, 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, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, the Combat Infantryman Badge, the Good Conduct Medal (1st Award), and two Overseas Service Bars. Item 24 does not show award of the Purple Heart.

5.  Headquarters, 24th Evacuation Hospital, General Orders Number 96, dated 12 June 1967, show that the applicant was awarded the Purple Heart for wounds received in action on 11 June 1967.  

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

7.  Headquarters, United States Army Training Center, Infantry, Fort Benning, Georgia, Special Orders Number 106, dated 6 May 1966, show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 4 May 1966. 

8.  Headquarters, Fort Polk, Fort Polk, Louisiana, Special Orders Number 195, dated 29 July 1966, show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60) on 7 July 1966.  

9.  Headquarters, Fort Polk, Fort Polk, Louisiana, Special Orders Number 198, dated 2 August 1966, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 1 July 1966.  

10.  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 48, dated 1971.

11. Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honors Medal-First Class Unit Citation based on Department of the Army General Orders Number 9, dated 1979.


12.  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.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phases II and III 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  General Orders show the applicant was awarded the Purple Heart for wounds sustained on 11 June 1967; this award is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.  

3.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honors Medal-First Class Unit Citation which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards. 

4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

5.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).   Therefore, he is entitled to correction of his records to show these awards.








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 showing award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honors Medal-First Class, the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



						James B. Gunlicks
______________________
          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.