IN THE CASE OF:	  

		BOARD DATE:	       15 October 2008

		DOCKET NUMBER:  AR20080010479 


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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Purple Heart.

2.  The applicant states he was wounded and received the Purple Heart but this award is not reflected on his DD Form 214.  He needs the correction to obtain better Department of Veterans Affairs (VA) benefits.  Without the notation on his DD Form 214 he is unable to get Purple Heart commemorative license plates.

3.  The applicant provides copies of his DD Form 214; a Western Union Telegram notifying his parents of his wounding on 18 May 1969; a 12 June 1969 DA Form 3349 (Medical Condition – Physical Profile Record); and a Purple Heart Certificate, in support of is 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 entered active duty on 14 May 1968, completed training, and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Headquarters, U. S. Army Training Center and Fort Leonard Wood, Missouri Special Orders Number 185, dated 3 July 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U. S. Army Training Center and Fort Leonard Wood, Missouri Special Orders Number 193, dated 11 July 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, Second AIT (Advanced Individual Training) Brigade, Fort Ord, California Special Orders Number 183, dated 6 September 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

6.  Headquarters, Second AIT Brigade, Fort Ord, California Special Orders Number 185, dated 9 September 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

7.  An 18 May 1969 Casualty Report (FRIAR) shows that the applicant received fragment wounds to his chest and both legs in action when on a sweep mission he was hit by fragments from a hostile booby trap.  This information is also reflected on the official Vietnam Casualty Roster.

8.  A Purple Heart Certificate, signed by the Commanding Officer, 3rd Field Hospital, shows the applicant was awarded the Purple Heart on 19 May 1969 for wounds received on 18 May 1969.

9.  A 22 May 1969 Western Union Telegram to the applicant's parents states he was wounded in action on 18 May 1969 with fragments from a booby trap.

10.  27 May 1969 Commanding General, U. S. Army Republic of Vietnam Message Orders reassigned the applicant from the 3rd Field Hospital, Vietnam to the US Army Hospital, Camp Zama, Japan as a medical evacuee.

11.  A 12 June 1969 DA Form 3349, issued by the US Army Hospital, Camp Zama, Japan, placed the applicant on a temporary profile due to multiple fragment wounds to his anterior thighs.
12.  The applicant was honorably released from active duty on 13 May 1970 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.  His DD Form 214 lists his awards as the Armed Forces Expeditionary Medal (Korea), the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge.

13.  His DA Form 20 (Enlisted Qualification Record) provides the following pertinent information:

	a.  promotion to sergeant (E-5), effective 16 May 1969;

	b.  assignment in Vietnam with Company B, 5th Battalion, 12th Infantry Regiment, as a rifleman, from 27 October 1968 through 22 May 1969;

	c.  assignment to the Army Hospital, Camp Zama, Japan, as a patient from 23 May 1969 through 31 July 1969;

	d.  assignment in Korea with Company B, 1st Battalion, 17th Infantry Regiment from 1 August 1969 through 21 October 1969;

	e.  conduct and efficiency ratings of exclusively excellent;

	f.  participation in Vietnam during two campaign periods; and

	g.  award of the Armed Forces Expeditionary Medal (Korea), the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

14.  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 5th Battalion, 12th Infantry Regiment it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

15.  Army Regulation 600-8-22 (Military Awards) provides that 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 Federal military service.  A record of punishment is not automatically disqualifying.  At that time, a single conduct or efficiency rating of less than excellent was disqualifying; although, a "Good" academic mark in a service school was not 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 unfavorable consideration and permits the individual to respond.  At that time, non-favorable consideration was normally noted on the DA Form 20.

16.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  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 participated during the following three campaign periods:  the Counteroffensive Phase V, 1 July 1968 - 1 November 1968; the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; and the Tet 69 Counteroffensive, 1969, 23 February 1969 - 8 June 1969. 

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-5.  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 14 May 1968 through 13 May 1970.

2.  The record clearly shows that the applicant was wounded in action on 18 May 1969 and was awarded the Purple Heart on 19 May 1969.  It is appropriate to correct his DD Form 214 to show this award.

3.  The applicant's DD Form 214 omits the applicant's award of the Expert Marksmanship Qualification Badge with Machinegun and Rifle Bar (on the M-14 rifle), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (on the M-16 rifle), and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.

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


5.  In addition to the awards listed above and on his DD Form 214, the applicant is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

____X___  ___X___  ____X___  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 for the period from 14 May 1968 through 13 May 1970;

	b.  showing that the applicant was wounded in action on 18 May 1969 and awarded the Purple Heart; and 

	c.  correcting the applicant's DD Form 214 to show that, in addition to the awards listed, he is also authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Expert Marksmanship Qualification Badge with Machinegun and Rifle Bar (on the M-14 rifle), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (on the M-16 rifle), Marksman Marksmanship Qualification Badge with Automatic Rifle Bar, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




      __________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)                                         AR20080010479



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ABCMR Record of Proceedings (cont)                                         AR20080010479



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