RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080001479 


	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 that his record be corrected to reflect award of the Purple Heart. 

2.  The applicant states, in effect, that no Purple Heart was issued for his fragment wound on 1 April 1968 and he desires the Purple Heart to be issued and his record corrected accordingly. 

3.  The applicant provides a copy of his DD Form 214 and a copy of a physical Profile Record (DA Form 8-274) showing that he was issued a profile on 12 August 1968 for an old fracture of right 5th metatarsal due to fragment wound. His profile indicated no crawling, stooping, running, jumping, prolonged standing or marching. 

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 was inducted in St. Louis, Missouri on 27 September 1967 and was transferred to Fort Leonard Wood, Missouri to undergo his basic combat training and advanced individual training (AIT) as a pioneer (combat engineer). 

3.  He successfully completed his training and was transferred to Vietnam on 29 February 1968, for assignment to Company A, 8th Engineer Battalion, 1st Cavalry Division for duty as a pioneer.  He was advanced to the pay grade of E-3 on 7 March 1968.

4.  On 1 April 1968, the applicant sustained fragmentation wounds to the right shoulder and left foot.  On 11 April 1968, General Orders Number 2140, issued by Headquarters, 1st Cavalry Division (Airmobile) awarded the applicant the 
Purple Heart for wounds received in connection with military operations against a hostile force.  His record indicates that he was issued the Purple Heart and the orders are properly filed in his Military Personnel Records Jacket (MPRJ).  He was medically evacuated to Okinawa for treatment on 14 April 1968 and on 3 June 1968, he was returned to his unit in Vietnam.

5.  On 16 September 1968, the applicant submitted a request for reassignment to the Provisional Guard Company in An Khe, based on the restrictions of his profile.  His request was approved and he was reassigned to the 15th Admin Company on 25 October 1968, for duty with the Provisional Guard Company as a security guard.  He was advanced to the pay grade of E-4 on 28 November 1968.

6.  On 30 January 1969, he extended his tour in Vietnam for a period of 2 months and on 26 April 1969, he departed Vietnam and was transferred to Oakland Army Base, California, where he was honorably released from active duty (REFRAD) on 1 May 1969, as an overseas returnee.  He had served 1 year, 7 months, and 5 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal, the National Defense Service Medal, and the Army Commendation Medal.

7.  A review of his record shows that he had excellent conduct and efficiency ratings throughout his service and his record is void of any derogatory information that could serve to disqualify him for award of the Good Conduct Medal (AGCM).

8.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the Army Good Conduct Medal (AGCM).  It stated, in pertinent part, that the AGCM was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in five campaigns while assigned to Vietnam and is entitled to be awarded one silver service star for wear on his already-awarded VSM. 

10.  Army Regulation 600-8-22 also provides that replacement of medals or service ribbons for individuals not on active duty may be made at cost price.  Individuals desiring replacement medals or ribbons should submit a request to the National Personnel Records Center, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  No money should be mailed until instructions are received from that agency.
       
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was awarded and issued the award of the Purple Heart.  Accordingly, he is entitled to have it entered on his records at this time. 

2.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the AGCM for his service from
27 September 1967 through 1 May 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  
 
3.  The applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should receive the AGCM at this time. 

4.  Additionally, the evidence of record also establishes that the applicant is entitled to awards of the MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one silver service star for wear on his already-awarded VSM.






BOARD VOTE:

__PHM __  __KSJ__  __JGH__   GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Purple Heart and by awarding him the AGCM for the period of 27 September 1967 to 1 May 1969, the MUC, the RVNGC with Palm Unit Citation, the RVNCAHM-FC Unit Citation, and one silver service star for wear on his already-awarded VSM to denote his campaign participation.  

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.


 
      ___        PHM                ___
                CHAIRPERSON
      

ABCMR Record of Proceedings (cont)                                         AR20080001479



5


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508