RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  20 November 2003
	DOCKET NUMBER:  AR2003085599

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Robert Duecaster		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that he be issued a DD Form 215 (Correction to DD Form 214 [Report of Transfer or Discharge]) to show that he was authorized the Purple Heart.  

2.  The applicant states that this error was discovered after his discharge that was 29 years ago.  Prior to his separation, his DD Form 214 was prepared in error.  He informed the clerk that his award of the Purple Heart was missing from his DD Form 214.  At that time, the clerk was preparing documents for other soldiers; however, he stopped what he was doing and corrected his DD Form 214.  He was also informed that if anyone questioned him about the typing being different it could be adjusted at a later date.  The clerk continued to assist other soldiers being discharged.  Upon receipt of his DD Form 214, he discovered that the error was never corrected to show his appropriate awards.  It was also discovered that the corrections were made on another typewriter.  He also states that this Board is his last resource to assist him in this error. 

3.  The applicant provides a copy of his DD Form 214 and a letter from his former battalion surgeon. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 4 February 1972, the date of his discharge.  The application submitted in this case is dated 3 January 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant military records show he was inducted on 8 July 1970, as a cook.  He served in Vietnam from 19 December 1970 to 18 December 1971.  He continued to serve until he was released from active duty on 4 February 1972.  He was transferred to the Army Reserve. 

4.  The applicant’s DD Form 214 shows he was awarded the Army National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, the Sharpshooter Qualification Badge (M14), and the Marksmanship Qualification Badge (M16).  His DD Form 214 obtained from his Official Military Personnel File (OMPF) does not show the Purple Heart as an authorized award.  

5. His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).  Item 38 (Record of Assignments) shows that he was evacuated in a patient status to Camp Zama, Japan on 13 August 1971.  It also shows that the applicant served as a medic with the 984th Engineer Company and with the 31st Engineer Battalion while serving in Vietnam.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.

7.  The applicant’s name failed to appear on the Vietnam Casualty List. 

8.  The applicant's medical records are unavailable for review.

9.  The applicant provided a copy of a letter from his former battalion surgeon, who is now a physician, dated 5 February 2001.  He stated that the applicant served with him as a combat medic with he 31ST Engineer Battalion, 159th Group in Vietnam.  The applicant was struck by shrapnel from a mortar while supporting the Battalion in land clearing operations in South Vietnam.  The applicant was subsequently treated at the evacuation hospital at Long Binh; however, the exact dates are unknown.  The applicant had previous applied for the Purple Heart; however, the documents were apparently lost.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 600-8-22 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.  After         27 June 1950 to the present time, the current standard for award of the 
Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  Consideration has been given to the statement prepared by the applicant's former battalion surgeon; however, it was prepared 29 years after his discharge.  It is noted that the applicant's medical records were unavailable for review to confirm his injury by shrapnel from a mortar while supporting his battalion in land clearing operations in Vietnam.  This statement is also insufficient by itself to support his request for an award of the Purple Heart.

2.  The evidence of record shows that he was evacuated in a patient status from Vietnam to Camp Zama, Japan.  However, there is no evidence in the available records to show why he was evacuated or if he was evacuated as a combat casualty due to enemy action.  

3.  There are no orders officially awarding the applicant the Purple Heart.  Therefore, based on the available evidence presented, there is insufficient basis to approve or show that he was awarded the Purple Heart. 

4.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant is entitled to the first award of the Good Conduct Medal for the period 8 July 1970 to 4 February 1972 based on completion of a period 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:

___jl__  __ls___  __rd______  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the first award of the Good Conduct Medal for the period 8 July 1970 to 4 February 1972. 

2.  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 award of the Purple Heart.  

		__Joann Langston______
		        CHAIRPERSON

INDEX

CASE ID	AR200305599	
SUFFIX		
RECON		
DATE BOARDED	20031120	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19720204	
DISCHARGE AUTHORITY	AR  635-200	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	61	
2.		
3.		
4.		
5.		
6.