IN THE CASE OF:	  

		BOARD DATE:	       24 September 2008

		DOCKET NUMBER:  AR20080005667 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Purple Heart be included on his DD Form 214 (Report of Transfer or Discharge) and that his date of assignment to Vietnam be corrected to 8 March 1970.

2.  The applicant states, in effect, he was wounded but his command did not properly process paper work for this wound.  

3.  The applicant provides copies of two DD Forms 214, a DA Form 8-275-3 (Clinical Record Cover Sheet), a Standard Form (SF) 502 (Narrative Summary), and a 25 May 1970 SF600 (Chronological Record of Medical Care).

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 on 23 September 1969.  He completed training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3.  Headquarters, U. S. Army Training Center (USATC) Engineer and Fort Leonard Wood Special Orders Number 328, dated 24 November 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M14) and the Sharpshooter Marksmanship Qualification Badge with Handgrenade Bar.

4.  Headquarters, Second Advanced Individual Training Brigade, USATC, Infantry, Fort Ord Special Orders Number 11, dated 20 January 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

5.  Headquarters, Second Advanced Individual Training Brigade, USATC, Infantry, Fort Ord Special Orders Number 14, dated 23 January 1970, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar [type of weapon not denoted].

6.  The available medical records show that the applicant received medical treatment for a wound received in action against the enemy on 25 May 1970.

7.  On 5 June 1970, while serving in Vietnam, the applicant reenlisted in the Regular Army.  The DD Form 214 issued at this time lists his awards as the National Defense Service Medal and the Vietnam Service Medal.

8.  Headquarters, Americal Division, General Orders Number 10499, dated 13 August 1970, awarded the applicant the Purple Heart for wounds received on 25 May 1970.

9.  The applicant was honorably released from active duty on 10 January 1972 in the rank of specialist four (SP4).  The DD Form 214 issued at that time lists his awards as the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with “1960-“ Device, and the Combat Infantryman Badge.  It lists his period of foreign service as 1 year in Vietnam with the dates of service as 8 March 1971 through 7 March 1971.

10.  The applicant’s DD Form 20 (Enlisted Qualification Record) lists the following pertinent information:

   a.  at block 33, foreign service in Vietnam from 8 March 1970 through 7 March 1971;
   b.  at block 38, assignment to the 23rd Administrative Replacement Detachment, from 21 March 1970 through 31 March 1970; Company C, 3rd Battalion, 21st Infantry Battalion, from 1 April 1970 through 25 July 1970; Company B, 23rd Supply and Transport Battalion, from 26 July 1970 through 26 January 1971; and in a casual status from 27 January 1971 through 17 March 1971;

   c.  the applicant’s conduct and efficiency ratings are recorded as exclusively excellent;
   
   d.  he served during two campaign periods; 
   
   e.  his authorized awards are the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with “1960-“ Device, and the Combat Infantryman Badge; and 
   
   f.  his arms qualifications are “Badge w rifle bar MM”, “Grenade Bar SS,” and “M 16 M.” 

11.  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 3rd Battalion, 21st Infantry Brigade it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and while assigned to the 23rd Supply and Transport Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit and the Meritorious Unit Commendation.  The pamphlet further notes that an individual will not be issued or wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part states 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 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than excellent was disqualifying.  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, a disqualification was normally noted on the DA Form 20; and

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign period 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 served 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; and the Counteroffensive Phase VII, 1 July 1970 - 30 June 1971.

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-4.  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 23 September 1969 through 10 January 1972.

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

3.  The applicant was wounded on 25 May 1970 and awarded the Purple Heart.  This award was omitted from his 10 January 1972 DD Form 214.

4.  The applicant served in Vietnam during the period for which the Republic of Vietnam Campaign Medal with “1960-“ Device was authorized.

5.  The 10 January 1972 DD Form 214 shows the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Meritorious Unit Commendation. 

6.  The applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Machinegun and Handgrenade Bars, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  These badges were omitted from his DD Form 214.  

7.  It is appropriate to correct the applicant’s 10 January 1972 DD Form 214 to show the above listed awards.  

8.  The preponderance of evidence shows that the applicant served in Vietnam from 21 March 1970 through 27 January 1971.  The applicant’s DD Form 214, at block 30 (Remarks) should be corrected to reflect these dates of service.

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 awarding the applicant the Good Conduct Medal for the period 23 September 1969 through 10 January 1972. 

2.  The Board further recommends that the applicant’s 10 January 1972 DD Form 214 be corrected to list his awards of the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit, the Meritorious Unit Commendation, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Machinegun and Handgrenade Bars, the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and to wear 3 bronze service stars on his Vietnam Service Medal.  

3.  Additionally, the Board recommends that the applicant’s 10 January 1972 DD Form 214 be corrected to show he served in Vietnam from 21 March 1970 through 27 January 1971.



4.  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 correction of the applicant’s DD Form 214 to show service in Vietnam for the period of 8 March 1970 through 7 March 1971.  




      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005667



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ABCMR Record of Proceedings (cont)                                         AR20080005667



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