RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080000694 


	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:


M

Chairperson

M

Member

M

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:

	a.  award of the Purple Heart and the Good Conduct Medal, and

	b.  correction of Item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) from 64B (Heavy Vehicle Driver) to 11B (Light Weapons Infantryman) and showing he performed duties as a gunner, infantry/demolition, ambush, and point patrol.   

2.  The applicant states that he suffered an injury when he was blown out of the foxhole and was hit by ricochet bullets during an ambush at his position in the Republic of Vietnam.  He further states that the medics were notified; however, he does not know if any statements of the incident were recorded.

3.  The applicant did not provide any additional documentary evidence in support of his application.    

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 records show that he enlisted in the Regular Army for a period of 3 years on 24 May 1963.  He completed his basic combat and his advanced individual training and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).  He reenlisted in the Regular Army for a period of 3 years on 4 January 1966.  The highest rank/pay grade he attained during his military service was specialist four (SP4)/E-4.  


3.  The applicant’s records further show that he served in the Republic of Vietnam as follows:

	a.  from 15 March 1966 to 6 December 1966; he was assigned as a truck driver, to Headquarters and Headquarters Company, 2nd Battalion, 28th Infantry, 1st Infantry Division; and 

	b.  from 7 December 1966 to 9 March 1967, he was assigned as a gunner, to Headquarters and Headquarters Company, 2nd Battalion, 28th Infantry, 1st Infantry Division.

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 29 May 1967, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal, the Vietnam Counteroffensive Campaign Medal [sic], and the Combat Infantryman Badge.  Item 13 does not list award of the Purple Heart or the Good Conduct Medal.

5.  Item 40 (Wounds), of the applicant's DA Form 20 (Enlisted Qualification Record), contains a blank entry.

6.  There are no general orders in the applicant's records that show he was awarded the Purple Heart and the applicant’s name is not shown on the Vietnam Casualty Roster.

7.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart or Good Conduct Medal orders on file for the applicant.  

8.  On 28 April 1967, at Fort Carson, Colorado, the applicant's immediate commander initiated a recommendation for his discharge because of unsuitability, under the provisions of Army Regulation 635-212 (Personnel Separations).  The immediate commander remarked that during the period 14 April 1967 to 4 May 1967, the applicant’s conduct was excellent but his efficiency was unsatisfactory.



9.  On 13 May 1967, the separation authority approved the applicant’s discharge for unsuitability, with a General Discharge Certificate.  Accordingly, the applicant was discharged on 29 May 1967.  He had completed 4 years and 6 days of creditable military service.  Item 11 of his DD Form 214 shows the entry, “64B2O Heavy Vehicle Driver.” 

10.  On 23 July 1991, the Army Board of Correction of Military Records (ABCMR) approved the applicant’s petition for an upgrade of his discharge.  Accordingly, he was issued a new DD Form 214, showing he was honorably discharged on 29 May 1967, under Secretarial Authority.  

11.  Item 38 (Record of Assignment), of the applicant’s DA Form 20, shows that the applicant performed duties as a gunner during a portion of his service in the Republic of Vietnam; however, there is no indication in his records that he was awarded the MOS 11B as either his primary or his secondary MOS or that he was awarded any special qualification identifier (SQI) to identify his duties as a gunner, infantry/demolition, ambush, or point patrol.

12.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

13.  Army Regulation 672-5-1 (Military Awards), 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.

14.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 11 of the version in effect at the time showed the Soldier's primary MOS and title at the time of his/her separation.

15.  Review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

16.  Headquarters, 1st Infantry Division, Special Orders Number 196, dated 15 July 1966, show that the applicant was awarded the Driver and Mechanic Badge.

17.  Headquarters, 3rd Training Regiment (Basic), U.S. Army Training Center, Engineer, Fort Leonard Wood, Missouri, Special Orders Number 160, dated 13 July 1963, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-1), on 11 July 1963. 

18.  Item 13 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

19.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive and the Vietnam Counteroffensive, Phase II, campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that one silver service star is worn instead of five bronze service stars. 

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, based on Department of the Army General Orders Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, based on Department of the Army General Orders Number 53, dated 1970.

21.  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. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to award of the Purple Heart, there are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his records that shows he was wounded or injured as a result of hostile action or treated for such wounds and the medical treatment was made a matter of official record.  The applicant's name is not listed on the Vietnam Casualty Roster; therefore, there is no evidence upon which to base award of the Purple Heart in this case. 

2.  With respect to award of the Good Conduct Medal, the applicant enlisted on 24 May 1963 and was honorably discharged on 3 January 1966 for the purpose of immediate reenlistment.  Item 38 of the applicant's DA Form 20 shows he consistently earned "Excellent" conduct and efficiency ratings until 14 April 1967.  The applicant met the criteria for award of the Good Conduct Medal for the period 24 May 1963 through 23 May 1966.  Based on equity consideration, the applicant should be awarded the Good Conduct Medal for this period of service and it should be added to his DD Form 214.

3.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, which are not shown in his records; therefore, he is entitled to correction of his records to show these unit awards.

4.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam; therefore, he is entitled to award of two bronze service stars to be affixed to his already awarded Vietnam Service Medal.

5.  Special Orders show the applicant was awarded the Driver and Mechanic Badge and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-1); therefore, he is entitled to correction of his records to show these awards. 

6.  The evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars; therefore, he is entitled to correction of his records to show these awards.

7.  With respect to the applicant’s MOS and his infantry duties, the evidence of record shows that the applicant held MOS 64B (Truck Driver) and performed duties mostly as a truck driver throughout his military career.  Although he performed the duties of a gunner for a few months in the Republic of Vietnam, there is no evidence that he was awarded and held the MOS 11B as either his primary or secondary MOS; therefore, his MOS 64B is listed correctly on his DD Form 214 and no correction is required.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x___  __x___  __x___  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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 24 May 1963 to 
23 May 1966; and

	b.  showing award of the Good Conduct Medal (1st Award); the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the Driver and Mechanic Badge; the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14); the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-1); two Overseas Service Bars; and two bronze service stars to be affixed to his already-awarded 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 award of the Purple Heart and correction of the applicant’s military occupational specialty. 



						RML
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000694



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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