RECORD OF PROCEEDINGS

	IN THE CASE OF:      .

	BOARD DATE:           2 December 2003                  
	DOCKET NUMBER:   AR2003089031

	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	
	Mr. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann		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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show “all awards” and the Purple Heart.

2.  The applicant states that he is a Vietnam Veteran and wants all awards he is entitled to.

3.  The applicant does not provide any evidence or documentation in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error that occurred on 8 July 1970.  The application submitted in this case is dated 18 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 that he entered active duty on 24 November 1967.  He completed basic and advanced individual training and was trained as a Microwave Radio Equipment Repairman in Military Occupational Specialty (MOS) 26L20.  He then completed a tour of duty in Vietnam, where he voluntarily extended his overseas tour 110 days to take advantage of an early release program in effect at the time.  The applicant was honorably separated from active duty on 8 July 1970 in pay grade E-4.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214, which is authenticated in his own hand, shows that he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Vietnam Campaign Medal, the Expert Marksmanship Badge with Rifle Bar, and two overseas service bars.  No other awards or decorations are listed.

5.  The applicant’s name is not listed on the Vietnam Casualty Roster.

6.  There are no entries in item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) that show he was wounded as a result of hostile action.
7.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed 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, and the medical treatment must have been made a matter of official record.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment. 

9.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his first 3 years of qualifying service and there is no indication of indiscipline in his service personnel records.

10.  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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

11.  Department of the Army General Order Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

12.  Army Regulation 600-8-22, 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 appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Tet 69 Counteroffensive; Vietnam Summer-Fall 1969; Vietnam Winter-Spring 1970; and Sanctuary Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence showing that the applicant was ever wounded, or treated for wounds incurred as a result of hostile action, while in Vietnam.  Therefore, he is not entitled to correction of his records to show this award. 

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service from 27 November 1967 to 8 July 1970.  Therefore, he is entitled to correction of his records to show this award.

3.  General orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled to correction of his records to show this unit award.

4.  Evidence of record shows that the applicant received the Vietnam Service Medal and participated in four campaigns.  As a result, the applicant is entitled to award of four bronze service stars, to be affixed to his Vietnam Service Medal.

BOARD VOTE:

__phm__  ____fne _  ___mhm_  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 be corrected by showing that the individual concerned was awarded the first award of the Good Conduct Medal, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and four bronze service stars, to be affixed to the Vietnam Service Medal.

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.

		__________Fred N. Eichorn________
		        CHAIRPERSON

INDEX

CASE ID	AR2003089031	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT ,	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.