RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070017035 


	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. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Donald L. Lewy

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 Report of Transfer or Discharge 
(DD Form 214) to show that he was awarded the Purple Heart and the Army Commendation Medal.

2.  The applicant states that he received certificates for these medals, but they were never reflected on his DD Form 214.  He states that he earned the Purple Heart and the Army Commendation Medal when he was in Vietnam.

3.  The applicant provides in support of his application, a copy of General Orders Number 4933, announcing his award of the Purple Heart; a copy of a citation awarding him the Purple Heart; a copy of a citation awarding him the Army Commendation Medal; 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 24 April 1968, the applicant was inducted into the Army in Minneapolis, Minnesota.  He successfully completed his training as a light weapons infantryman.

3.  The applicant was transferred to the Republic of Vietnam on 15 October 1968. While in Vietnam, General Orders Number 4933, published on 19 May 1969, awarded him the Purple Heart for wounds received in action on 2 May 1969.

4.  The applicant was transferred to the Continental United States on 20 June 1969 and he was hospitalized at Irwin Army Hospital, Fort Riley Kansas.



5.  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 Combat Infantryman Badge, the Air Medal, the Republic of Vietnam Campaign Medal, one Overseas Service Bar, and the Marksman Marksmanship Qualification Badge (Rifle M-14, Rifle M-1, and Machine Gun M-60).  However, the Purple Heart failed to be included on his DA Form 20.

6.  The applicant was honorably released from active duty (REFRAD) on 9 December 1969, 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, the Republic of Vietnam Campaign Medal, the Air Medal, the Combat Infantryman Badge, one Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge (Rifle M-16), and the Marksman Marksmanship Qualification Badge (Rifle M-14, Rifle M-16, and Machine Gun M-60).  However, the Purple Heart failed to be included on his DD Form 214.

7.  The certificate that the applicant submitted in support of his application indicates that he was awarded the Army Commendation Medal for exceptionally meritorious achievement in the Republic of Vietnam during the period 1 December 1968 to 30 April 1969.  However, the available records fail to show that orders were ever published announcing that he was awarded the Army Commendation Medal. 

8.  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 15 August 1968 to 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970; the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 18 March 1968 to 2 May 1970 by DAGO Number 48 dated 1971; and the Valorous Unit Award for the period 12 March 1969 to 8 May 1969 by DAGO Number 2, dated 1971.

9.  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 VI, which extended from 



2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive campaign, which extended from 23 February through 8 June 1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969.  This same regulation states that a Bronze Service Star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

DISCUSSION AND CONCLUSIONS:

1.  An error was made during the preparation of the applicant's DD Form 214 which resulted in the omission of the award of the Purple Heart.

2.  The records show that General Orders Number 4933, published on 19 May 1969, awarded the applicant the Purple Heart for wounds received in action on 
2 May 1969.  Therefore, his DD Form 214 should be amended to include this award.

3.  The records also show 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, the Republic of Vietnam Civil Actions Honor Medal, First Class, and the Valorous Unit Award.  These awards should also be added to his DD Form 214.



4.  Additionally, the applicant is entitled to 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 the Good Conduct Medal.  Therefore, in accordance with the applicable regulation, the applicant should be awarded the Good Conduct Medal for the period covering 24 April 1968 through 9 December 1969.

6.  The available evidence of record fails to substantiate the applicant's contentions regarding the award of the Army Commendation Medal.  While he has submitted a certificate indicating that he was awarded the Army Commendation Medal, there is no evidence in the available record, nor has the applicant submitted any evidence to show that he was ever cited in orders for award of the Army Commendation Medal.  In the absence of the appropriate orders, the applicant's DD Form 214 cannot be corrected to reflect this award.

7.  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:

________  ________  ________  GRANT FULL RELIEF 

__LDS__  __ECP__  __DLL___  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:

a.  amending his DD Form 214 to show that he was awarded the Purple Heart; and 

b.  awarding him the Good Conduct Medal for the period covering 24 April 1968 through 9 December 1969, 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, the Valorous Unit Award, and three Bronze Service Stars for inclusion on his Vietnam Service Medal.

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 amending his DD Form 214 to show that he was awarded the Army Commendation Medal.  




____Linda D. Simmons__
          CHAIRPERSON




INDEX

CASE ID
AR20070017035
SUFFIX

RECON

DATE BOARDED
20080320
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.  189
110.0000/SEPARATION DOCUMENT
2.  1
110.0400/ADD APPROVED AWARDS
3.  46.
107.0000AWARDS & DECORATIONS
4.  61
107.0015/PURPLE HEART
5.  66
107.0020/ARMY COMMENDATION MEDAL
6.