RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20080000054 


	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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart and the Combat Infantryman Badge.  

2.  The applicant states, in effect, that he was involved in multiple fire fights with the enemy.  He further states that his DD Form 214 does not show his awards of the Purple Heart and Combat Infantryman Badge. 

3.  The applicant provides copies of his DD Form 214 and certificate for award of the Purple Heart.

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 11 September 1966, the applicant enlisted in the Regular Army for 
3 years.  He completed his initial training and was awarded military occupational specialty 11B (Light weapons Infantryman).

3.  Special Orders Number 64, 2nd Brigade, Fort Ord, California, dated 11 April 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Mortar Bar.

4.  On 25 May 1967, the applicant was assigned for duty with the 1st Battalion, 38th Infantry Regiment, in the Republic of Korea.

5.  On 20 January 1968, the applicant was reassigned to the 2nd Battalion, 
8th Cavalry Regiment, 1st Cavalry Division, in the Republic of Vietnam.

6.  Special Orders Number 71, 1st Cavalry Division, dated 11 March 1968, awarded the applicant the Combat Infantryman Badge.

7.  General Orders Number 3308, 1st Cavalry division, dated 10 May 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 4 May 1968.

8.  On 16 August 1968, the applicant was reassigned to the 93rd Military Police Battalion, 58th Infantry Regiment, in the Republic of Vietnam.  He returned to the United States on 18 April 1969.

9.  On 18 April 1969, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of sergeant, pay grade E-5, and had completed 2 years, 
7 months, and 8 days of creditable active duty. 

10.  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, Vietnam Service Medal, Vietnam Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart or the Combat Infantryman Badge. 

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Korean Defense Service Medal (KDSM).  The KDSM was authorized by Section 543, National Defense Authorization Act, 2003.  It is authorized for award to members of the armed forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and the period of eligibility are as follows: a) service members of the armed forces must have served in support of the defense of the Republic of South Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of South Korea, and the contiguous water out to 
12 nautical miles, and all air spaces above the land and water areas; c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility for 30 consecutive or 60 non-consecutive days.

12.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 
13.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  

14.  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 six campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

15.  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 8th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 59, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  
    
DISCUSSION AND CONCLUSIONS:

1.  General Orders show that the applicant was awarded the Purple Heart.  Therefore, his records should be corrected to show this award.

2.  Special Orders show that the applicant was awarded the Combat Infantryman Badge.  Therefore, his records should be corrected to show this award.

3.  Records show that the applicant served in the Republic of Korea during a qualifying period for award of the Korean Defense Service Medal.  Therefore, his records should be corrected to show this award.

4.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.
5.  Records show that the applicant participated in six campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver and one bronze service star to be affixed to his Vietnam Service Medal.

6.  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.   

7.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Mortar Bar.  Therefore, his records should be corrected to show this award.

BOARD VOTE:

___X_____  ___X_____  ___X_____  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.  awarding him the Army Good Conduct Medal for the period from 
11 September 1966 to 18 April 1969; and











	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Army Good Conduct Medal, Combat Infantryman Badge, one silver and one bronze service star to be affixed to his already awarded Vietnam Service Medal, Korean Defense Service Medal, Expert Marksmanship Qualification Badge with Mortar Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.






      _________X_____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000054



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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