RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070017333 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 records be reviewed and all awards to which he is entitled to be entered on his DD Form 214 (Report of Transfer or Discharge).  He specifically requests that three Air Medals, the Purple Heart, and the Combat Infantryman Badge be addressed. 

2.  The applicant states he was given these awards before he was released from active duty.

3.  The applicant provides a copy of General Order Number 10429 awarding him his third Air Medal. 

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 service medical records are believed to be on indefinite loan to the Department of Veterans Affairs (VA) and are not available for review.

3.  The applicant entered active duty on 29 April 1969, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  Headquarters, 25th Infantry Division Special Order Number 43, dated 12 February 1970, awarded the applicant the Combat Infantryman Badge.

5.  Headquarters, 25th Infantry Division General Order Number 2908, dated 10 March 1970, awarded the applicant the Air Medal.
 
6.  Headquarters, 25th Infantry Division General Order Number 8553, dated 1 August 1970, awarded the applicant a second Air Medal.
7.  Headquarters, 25th Infantry Division General Order Number 10429, dated 23 October 1970, awarded the applicant a third Air Medal.

8.  His DA Form 20 (Enlisted Qualification Record) indicates the following:

	a.  promotion to sergeant (E-5);

	b.  foreign service, in Vietnam, from 20 November 1969 through 19 November 1970;

	c.  assignment in Vietnam as a rifleman with Company A, 4th Battalion, 9th Infantry Regiment, 28th Infantry Division;

	d.  his conduct and efficiency ratings are reported as exclusively excellent;

	e.  service during one campaign period; 

	f.  block 40 (Wounds) is blank;

	g.  his authorized awards are listed as the Army Commendation Medal, three awards of the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Combat Infantryman Badge; and 

	h.  he qualified with the M-14 rifle for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, with the M-16 rifle for the Marksman Marksmanship Qualification Badge with Rifle Bar, and with the M-60 machinegun for the Marksman Marksmanship Qualification Badge with Machinegun Bar.

9.  The applicant's DD Form 214 lists his awards as the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with "1960" Device.

10.  A DD Form 215 (Correction to the DD Form 214) was issued on 26 April 1974, corrected the applicant's rank, pay grade, and date of rank to sergeant   (E-5), effective 16 November 1970. 

11.  A review of the Vietnam Casualty List failed to locate any reference to the applicant.


12.  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 while the applicant was assigned to the 4th Battalion, 9th Infantry Regiment, 28th Infantry Division it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

13.  Army Regulation 600-8-22 (Military Awards) provides that:

	a.  the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 continuous years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that 
the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, unfavorable consideration was normally noted on the DA Form 20;

	b.  the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record;

	c.  authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following three campaign periods:  the Vietnam Winter–Spring 1970; 1 November 1969 – 30 April 1970; the DA Sanctuary Counteroffensive, 1 May 1970 – 30 June 1970; Counteroffensive Phase VII, 1 July 1970-30 June 1971; and

	d.  subsequent awards of the Air Medal are denoted by inclusion of a bronze Arabic Numeral starting with the second award (2).
14.  Army Regulation  635-5 (Separation Documents) states that a Soldier's awards and decorations for all periods of service will be verified by the Soldier's records and listed on the DD Form 214 in order of precedence.  Abbreviations are not to be used.

DISCUSSION AND CONCLUSIONS:

1.  The applicant distinguished himself by his conduct, efficiency and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to E-5.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Good Conduct Medal for his period of service from 29 April 1969 through 16 November 1970.

2.  The applicant's record contains orders awarding him three Air Medals that are not listed on his DD Form 214.  The record should be corrected to show award of the Air Medal with Numeral 3.

3.  The applicant's award of the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars were omitted from his DD Form 214.  The record should be corrected to show these awards.

4.  The applicant served in Vietnam during three campaign periods and is authorized to wear three bronze service stars on his Vietnam Service Medal.

5.  In addition to the awards listed on the DD Form 214 and those listed above, the applicant is also authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  There are no available medical records to show that the applicant was treated for wounds received while in action against the enemy or as the result of enemy action.  Block 40 (wounds) on his DA Form 20 is blank and the Purple Heart is not listed as an authorized award on either his DA Form 20 or his DD Form 214 .

7.  With corrections recommended above, Army Regulation 635-5 should be complied with and the applicant's awards should be listed, in order of precedence without abbreviations, as: the Bronze Star Medal, the Air Medal with Numeral 3, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with "1960" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__KSJ ___  __PHM_  __JGH __  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.  awarding the applicant the Good Conduct Medal for his period of service from 29 April 1969 through 16 November 1970; and

	b.  showing his authorized awards are: the Bronze Star Medal, the Army Commendation Medal, the Air Medal with Numeral 3, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with "1960" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.

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 Purple Heart.  



      _   _            PHM                    _
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20070017333



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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