RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 January 2004 
	DOCKET NUMBER:   AR2003089027

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Walter T. Morrison		Member	
	Ms. Karen Y. Fletcher		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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart (PH) and the Combat Infantryman Badge (CIB).

2.  The applicant states that he was in a firefight in May 1967, was wounded in the buttocks by shrapnel, and was treated by a medic in the field.

3.  The applicant provides:  a copy of Special Orders Number 123, Headquarters, 1st Infantry Division, dated 3 May 1967, awarding him the CIB; a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and his 5 September 1972 discharge from the United States Army Reserve (USAR).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred on 5 September 1968.  The application submitted in this case is dated 26 March 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’s military records show he was inducted into the Army of the United States on 6 September 1966 for a period of 2 years.  He completed training as a Light Weapons Infantryman in military occupational specialty (MOS) 11B.  He served in Vietnam from 23 February 1967 to 22 February 1968.  He served with Company B, 1st Battalion, 16th Infantry, 1st Infantry Division.

4.  The applicant was honorably released from active duty on 5 September 1968 and was transferred to the USAR.  He was credited with 2 years of active military service.  His DD Form 214 shows the following awards and decorations: the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, Two Overseas Service Bars, and an Expert Marksmanship Badge (Rifle M-14).  

5.  The applicant’s DD Form 214 does not show the PH and the CIB as authorized awards.

6.  The Applicant’s DA Form 20 (Enlisted Qualification Record), item 40 (Wounds), does not show the applicant was wounded while serving in Vietnam.

7.  The Vietnam Casualty List does not show the applicant was wounded during his Vietnam service.

8.  On 12 February 1968, the applicant sought medical attention at the battalion aid station for an old fragment wound to the right buttocks.  He was referred to the 1st Medical Battalion.  The doctor indicated that the wound was approximately 6 months old and no infection was noted.  He also noted that the applicant said he was not in pain, but he was uncomfortable.

9.  The applicant provided a copy of Special Orders Number 123, Headquarters, 1st Infantry Division, dated 3 May 1967, awarding him the CIB.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by the units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 1st Battalion, 16th Infantry, 1st Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm by Department of the Army General Orders Number 21, dated 1969, and the Republic of Vietnam Civil Actions Honor Medal, First Class by Department of the Army General Orders Number 53, dated 1970.

11.  Army Regulation (AR) 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

12.  AR 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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.  Although there is no automatic entitlement to the GCMDL, disqualification must be justified.  The applicant is entitled to award of the GCMDL for the period 6 September 1966 to 5 September 1968.

13.  AR 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant is entitled to one bronze service star to wear on his Vietnam Service Medal for his participation in the Vietnam Counteroffensive, Phase II Campaign.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.

2.  DA Form 20, item 40 and the Vietnam Casualty List do not show that the applicant was wounded in Vietnam as a result of enemy fire, that the wound required treatment, and that the treatment was made a matter of record.  

3.  Although the applicant sought treatment for a wound to the right buttocks, there is no evidence as to how the applicant received the wound or under what circumstances.  Furthermore, there is no evidence in the record that shows the applicant was wounded in Vietnam as a result of enemy fire.  

4.  The evidence of record shows the applicant is authorized, and was awarded, the CIB.

5.  The evidence of record shows the applicant is entitled to award of the GCMDL for the period 6 September 1966 to 5 September 1968.

6.  The evidence of record shows the applicant is authorized one bronze service star for wear on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal, First Class which are not shown on his DD Form 214.

BOARD VOTE:

__rvo___  __wtm___  __kyf___  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 one bronze service star for wear on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, the CIB, and the GCMDL for the period 24 January 1968 to 31 December 1969.

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 PH.  

		Raymond V. O'Connor, Jr.
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003089027	
SUFFIX		
RECON		
DATE BOARDED	20040129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.	107.0015	
3.		
4.		
5.		
6.