IN THE CASE OF:	  

		BOARD DATE:	        09 OCTOBER 2008

		DOCKET NUMBER:  AR20080010420 


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 award of the Purple Heart.

2.  The applicant states that he was wounded in combat on 7 March 1971 with Rocket Propelled Grenade (RPG) shrapnel in the Republic of Vietnam. 

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 September 1971; a copy of his Certificate of Retirement, dated 1 May 1973; a copy of the Office of the Adjutant General Letter Orders Number D9-169, dated 2 September 1971 (Enlisted Disability Retirement); copies of Certificate of Appreciation from the Disabled American Veterans; and a copy of s Certificate of Appreciation from the Commander in Chief, 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 1 July 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  The highest rank he attained during his military service was specialist four (SP4)/E-4.  He was placed on the Permanent Disability Retired List (PDRL) on 17 September 1971. 

3.  The applicant’s records show he served in the Republic of Vietnam during the period 9 January 1971 to 13 April 1971.  He was assigned to Company B, 4th Battalion, 503rd Infantry, 173rd Airborne Brigade. 

4.  Item 24 (Decorations, Medals, Badges, 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 with 1960 Device, the Bronze Star Medal, the Parachutist Badge, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not show award of the Purple Heart.

5.  Headquarters, 173rd Airborne Brigade, General Orders Number 576, dated 13 March 1971, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 7 March 1971.

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

7.  Headquarters, 173rd Airborne Brigade, General Orders Number 829, dated 11 April 1971; show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from January 1971 to March 1971.

8.  Headquarters, 173rd Airborne Brigade, General Orders Number 925, dated 22 April 1971; show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 7 March 1971.




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.  Additionally, Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant received an "Excellent" conduct and efficiency rating throughout 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 4th Battalion, 503rd Infantry 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 Republic of Vietnam Civil Actions Honor Medal-First Class Unit Citation, based on Department of the Army General Orders Number 71, dated 1973.

12.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phase VII, campaign 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.

DISCUSSION AND CONCLUSIONS:

1.  General Orders awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 7 March 1971, which is not shown on his records; therefore, he is entitled to correction of his records to show this award.



2.  General Orders show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 7 March 1971, which is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

3.  General Orders awarded the applicant’s unit 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 on his records; therefore, he is entitled to have his records corrected to show these awards.

4.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to award of a bronze service star to be affixed to the Vietnam Service Medal.

5.  Evidence of record confirms that the applicant served honorably during the period 1 July 1970 to 16 September 1971.  He attained the rank of SP4, received an "Excellent" conduct and efficiency rating, 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.  Therefore, he is entitled to correction of 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 July 1970 to 
16 September 1971; 

	b.  deleting the entry "Bronze Star Medal"; 

	c.  showing award of the Purple Heart, the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster, 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, and a bronze service star 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)                                         AR20080010420



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ABCMR Record of Proceedings (cont)                                         AR20080010420



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