RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 March 2008
	DOCKET NUMBER:  AR20070015613 


	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

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Ms. Yolando Maldonado

Member

Mr. Edward E. Montgomery

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, in effect, that his Report of Transfer or Discharge
(DD Form 214) be corrected to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart; however, it was erroneously omitted from his DD Form 214. 

3.  The applicant provides in support of his application, a copy of a certificate awarding him the Purple Heart; and 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 27 October 1966, the applicant was inducted into the Army in Raleigh, North Carolina.  He successfully completed his training as a field wireman.  

3.  On 12 December 1966, Special Orders Number 161 was published qualifying the applicant for the Marksman Marksmanship Qualification Badge (Rifle M-14).  

4.  The applicant was transferred to the Republic of Vietnam on 15 March 1967.  While in Vietnam, General Orders Number 35 was published on 5 February 1968, awarding the applicant the Purple Heart for wounds received in connection with military operations against a hostile force, on 2 February 1968.

5.  After being wounded in action while he was in Vietnam, and hospitalized as a result of his injuries, the applicant was transferred to the Continental United States on 12 February 1968, and he was hospitalized at Womack Army Hospital at Fort Bragg, North Carolina.


6.  On 12 April 1968, General Orders Number 3397 was published awarding the applicant the Bronze Star Medal w/"V" Device, for heroism in connection with military operations against a hostile force on 2 February 1968.

7.  The applicant's Enlisted Qualification Record (DA Form 20) shows that while he was in the Army his conduct and efficiency ratings were excellent, and that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Purple Heart.  However, the Bronze Star Medal w/"V" Device failed to be included on his DA Form 20.

8.  The applicant was honorably released from active duty (REFRAD) on 25 October 1968, and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal and the Vietnam Campaign Medal.  However, the Purple Heart and the Bronze Star Medal w/"V" Device failed to be included on his DD Form 214.

9.  The certificate that the applicant submitted in support of his application shows that he was awarded the Purple Heart on 5 February 1968 for wounds received in action in the Republic of South Vietnam on 2 February 1968.

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 the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Order (DAGO) Number 32, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 
12 July 1965 to 7 April 1970 by DAGO Number 53 dated 1970.

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the following three campaigns during the Vietnam War:  the Vietnam Counteroffensive campaign, Phase II, which extended from 1 July 1966 through 31 May 1967; the Vietnam Counteroffensive campaign, Phase III, which extended from 1 June 1967 through 29 January 1968; and the Tet Counteroffensive campaign, which extended from 30 January through 1 April 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.


12.  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.

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  Errors were made during the preparation of the applicant's DD Form 214 which resulted in the omission of the Bronze Star Medal w/"V" Device, the Purple Heart, and the Marksman Marksmanship Qualification Badge (Rifle M-14).

2.  The records show that General Orders Number 35 was published on 5 February 1968, awarding the applicant the Purple Heart; General Orders Number 3397 was published on 12 April 1968, awarding the applicant the Bronze Star Medal w/"V" Device; and Special Orders Number 161 was published on 10 December 1966, awarding him the Marksman Marksmanship Qualification Badge (Rifle M-14).  Therefore, his DD Form 214 should be amended to include these awards.





3.  The records also show that the unit to which the applicant was assigned was cited in orders for award of the Republic of Vietnam Gallantry Cross w/Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  These awards should also be included on his DD Form 214.

4.  Additionally, the applicant is entitled to one Overseas Service Bar, based on his overseas service; and three Bronze Service Stars for inclusion on his Vietnam Service Medal, based on his campaign participation.  As a result, these awards should also be included on his DD Form 214.

5.  The evidence of record shows that while he was in the Army, the applicant attained excellent conduct and efficiency ratings.  There is no information or documentation contained in his official record which would have precluded him from being qualified for award of Good Conduct Medal.  Therefore, in accordance with the applicable regulation, the applicant should be awarded the Good Conduct Medal.

6.  In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.

BOARD VOTE:

__YM___  __SLP___  __EEM__  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.  amending his DD Form 214 to show that he was awarded the Purple Heart, the Bronze Star Medal w/"V" Device, and the Marksman Marksmanship Qualification Badge (Rifle M-14); and



b.  awarding him the Good Conduct Medal for the period 27 October 1966 through 25 October 1968, while serving in the rank of specialist four (E-4), the Republic of Vietnam Gallantry Cross w/Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, three Bronze Service Stars for inclusion on his Vietnam Service Medal, and one Overseas Service Bar.




_____Shirley L. Powell____
          CHAIRPERSON




INDEX

CASE ID
AR20070015613
SUFFIX

RECON

DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/SEPARATION DOCUMENT
2.  1
110.0400/ADD APPROVED AWARDS
3.

4.

5.

6.