RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070016019


	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, Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallager

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 his awards of the Purple Heart and Air Medal.

2.  The applicant states, in effect, that he was awarded these medals but they are not listed on his DD Form 214.

3.  The applicant provides copies of his DD Form 214 and award certificates.

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 14 September 1965, the applicant enlisted in the Regular Army for 
3 years.  He completed his initial training and was awarded military occupational specialty 11B2P (Light Weapons Infantryman with parachutist qualification).         

3.  Special Orders Number 154, United States Army Training Center, Fort Gordon, Georgia, dated 4 November 1965, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle [M-14] Bar.

4.  On 25 April 1967, the applicant was assigned for duty as a grenadier with Company B, 3rd Battalion, 503rd Infantry Regiment, at Fort Bragg, North Carolina.

5.  Special Orders Number 145, 82nd Airborne Division, dated 7 June 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle [M-16] Bar.

6.  On 3 October 1967 the applicant deployed with his unit to the Republic of Vietnam. 

7.  The Vietnam Casualty Roster shows that the applicant was very seriously wounded as a result of enemy action on 10 May 1968.

8.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that he received a gunshot wound to the right side of his buttocks.

9.  The Purple Heart Certificate, provided by the applicant, shows that he was awarded the Purple Heart for wounds sustained on 10 May 1968, in the Republic of Vietnam.

10.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record.  

11.  The Air Medal Certificate, provided by the applicant, shows that he was awarded the Air Medal for meritorious achievement during the period from 
1 November 1967 to 19 May 1968. 

12.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 does not show award of the Air Medal.  Orders awarding him the Air Medal are not available in his records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS). 

13.  On 3 June 1968, the applicant returned to the United States.  On 29 July 1968, he was released from active duty and transferred to the United States Army Reserve control Group (Reinforcement).  He had attained the rank of private first class, pay grade E-3 and had completed 2 years, 9 months and 
18 days of creditable active duty.

14.  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, Combat Infantryman Badge and the Parachutist Badge.  It does not show award of the Purple Heart, Air Medal, or any marksmanship qualification badges. 

15.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.
16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after       3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

17.  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 three campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; and the Vietnam Counteroffensive, Phase IV.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

18.  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 3rd Battalion, 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 51, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with "1960-" Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence clearly shows that the applicant was wounded in action and received medical treatment.  Therefore, his records should be corrected to show award of the Purple Heart.



2.  There is no available evidence of record to corroborate the Air Medal Certificate provided by the applicant.  Therefore, his request to correct his records to show award of the Air Medal should be denied.  However, should the applicant have, or be able to obtain a copy of the orders awarding him the Air Medal, or other corroborating evidence, he may submit another application for consideration.

3.  Records show that the applicant served a qualifying period of service in the Republic of Vietnam and that he participated in three campaign periods.  Therefore, he is eligible for award of the Vietnam Service Medal with three bronze service stars.

4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award. 

5.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with "1960-" Device.  Therefore, his records should be corrected to show this award.
  
6.  Special orders show the applicant qualified as an expert with his M-16 rifle.   Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.

7.  Special orders show the applicant qualified as a marksman with his M-14 rifle. Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

  RTD ___  __DRG__  __MJNT   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Campaign Medal with “1960-“Device Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman  Marksmanship Qualification Badge with Rifle Bar.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Air Medal.  




__      Richard T. Dunbar        _
          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.