IN THE CASE OF:	  

	BOARD DATE:	  15 October 2008

	DOCKET NUMBER: AR20080013008 


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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of two Purple Hearts, an Air Medal, and all other awards that he is authorized.  He also requests that his rank and pay grade be shown on his DD Form 214.

2.  The applicant states that his rank, Purple Hearts, and Air Medal are not shown on his DD Form 214.

3.  The applicant provides copies of orders awarding him the Purple Heart and Air Medal, and his disability retirement orders, 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.  On 2 June 1970, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  Special Orders Number 265, United States Army Training Center, Infantry, Fort Polk, Louisiana, dated 28 September 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Grenade [M-79] Bar.

4.  On 13 December 1970, the applicant was assigned for duty as a rifleman with 5th Battalion, 7th Cavalry Regiment, in the Republic of Vietnam.

5.  On 10 March 1971, the applicant was reassigned as a rifleman with
1st Battalion, 501st Infantry Regiment.

6.  On 10 May 1971, the applicant was promoted to the rank of specialist four (SP4), pay grade E-4.

7.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) shows that on 24 May 1971, he sustained shrapnel wounds to the lower portion of his body, chest, hand, and face.  

8.  General Orders Number 6471, 101st Airborne Division, dated 12 June 1971, awarded the applicant the Purple Heart for wounds received on 24 May 1971.  

9.  The Vietnam Casualty Roster shows that the applicant was hospitalized for very serious wounds on 4 August 1971.  

10.  On 4 August 1971, the applicant was medically evacuated to the United States Army Hospital at Camp Zama, Japan.  On 16 August 1971, he was further evacuated to Valley Forge General Hospital in Pennsylvania.

11.  General Orders Number 158, United States Army Hospital Japan, dated 
4 August 1971, show that the applicant was awarded the Purple Heart for wounds sustained on 3 August 1971 in the Republic of Vietnam.

12.  General Orders Number 8567, 101st Airborne Division, dated 17 August 1971, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight during the period from 13 February to 6 June 1971.



13.   On 6 April 1972, the applicant was released from active duty and retired by reason of permanent disability.  He had attained the rank of specialist four (SP4), pay grade E-4 and had completed 1 year, 10 months, and 5 days of creditable active duty service.

14.  Items 5a (Grade, Rate or Rank) and 5b (Pay Grade) of the applicant’s 
DD Form 214 are blank.

15.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal, [Republic of] Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Machinegun Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars.  It does not show award of the Purple Hearts or the Air Medal.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  An Oak Leaf Cluster is issued to denote award of second and succeeding awards of the Purple Heart.

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

18.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

19.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.

20.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following two campaign periods: the Vietnam Counteroffensive, Phase VII and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

21.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 5th Battalion, 7th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 42, dated 1972, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant attained the rank of specialist four (SP4), pay grade E-4 on 10 May 1971, and was separated as such on 6 April 1972. Therefore, his DD Form 214 should be corrected to show his rank and pay grade.

2.  General orders show that the applicant was awarded two Purple Hearts for wounds received in action, and the Air Medal for meritorious achievement.  Therefore, his records should be corrected to show these awards.

3.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

4.  Records show that the applicant participated in two campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

5.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.  

6.  Special orders show the applicant qualified as a sharpshooter with the M-79 grenade launcher.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Grenade Bar.

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.  showing in Item 5a and 5b of his DD Form 214 his rank as specialist four (SP4) and pay grade as E-4;	
   
   b.  awarding him the Army Good Conduct Medal for the period from 2 June 1970 to 6 April 1972; and
   
   c.  showing, in addition to the awards already shown on his DD Form 214, that his awards include the Purple Heart with First Oak Leaf Cluster, Air Medal, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.



	__________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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080013008



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