IN THE CASE OF:	  

		BOARD DATE:	        29 July 2008

		DOCKET NUMBER:  AR20080008103 


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 correction of his records to show award of the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart but it was left off his records due to an administrative oversight. 

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 9 October 1967; and a copy of Headquarters, 3rd Marine Division letter, dated 15 April 1967, presenting him the Purple Heart, 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 was inducted into the Army of the United States on 4 November 1965.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13F (Automatic Weapons Crewman).   The highest rank he attained during his military service was specialist four (SP4)/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on 9 October 1967.   

3.  The applicant’s records show he served in the Republic of Vietnam during the period 20 October 1966 to 8 October 1967.  He was assigned to Battery D, 1st Battalion, 44th Artillery. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification badge with Rifle Bar   (M-14).  Item 24 does not show award of the Purple Heart.

5.  Headquarters, 3rd Marine Division (Reinforcement), (FMF) [Fleet Marine Force] letter, dated 15 April 1967, shows the applicant was awarded the Purple Heart for wounds received in combat action, while in support of the Forces of the Republic of Vietnam in their struggle against insurgents, on 27 March 1967.  Furthermore, the applicant's record contains the original letter that awarded him the Purple Heart as described above.

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

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 1st Battalion, 44th Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974 and the Navy Presidential Unit Citation from 27 November 1966 to 15 September 1967, based on Department of the Army General Orders Number 32, dated 1973.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in the Vietnam Counteroffensive Phases III, IV, and V, and the Tet Counteroffensive 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.


9.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he received “Excellent” conduct and efficiency ratings during his military service.

10.  Army Regulation 672-5-1, 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.

DISCUSSION AND CONCLUSIONS:

1.  3rd Marine Division letter, dated 15 April 1967, shows the applicant was awarded the Purple Heart for wounds received in combat action, in support of the Forces of the Republic of Vietnam, on 27 March 1967, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.

2.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Navy Presidential Unit Citation, which are not shown on his records; therefore, he is entitled to have his records corrected to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

4.  The evidence of record confirms that the applicant served honorably during the period 4 November 1965 to 9 October 1967.  He attained the rank/grade of SP4/E-4, received “Excellent” efficiency and conduct ratings throughout his career, and was awarded the Purple Heart.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and correct his records to show this award.


BOARD VOTE:

__xxx___  __xxx___  __xxx___  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 the applicant the Purple Heart for wounds received in action on 27 March 1967 in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 4 November 1965 to 9 October 1967; and

	c.  showing award of the Purple Heart, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Navy Presidential Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


															XXX
      ______________________
               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)                                         AR20080008103



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ABCMR Record of Proceedings (cont)                                         AR20080008103



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