RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 JANUARY 2004                  
	DOCKET NUMBER:   AR2003090571

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Yolanda Maldonado		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 records be corrected to reflect award of the Purple Heart and Combat Infantryman Badge.

2.  The applicant states the awards were omitted from his separation document.

3.  The applicant provides a copy of his Purple Heart certificate and a copy of his separation document in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
25 September 1969.  The application submitted in this case is dated 17 April 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.  Records available to the Board indicate the applicant entered active duty on 26 September 1967 and was assigned to Vietnam as an infantryman following completion of training.

4.  On 5 April 1968 the applicant sustained a fragment wound to his chest and abdomen while on a combat operation when “engaged hostile force in fire fight.”  The applicant’s combat wound is confirmed in a Western Union Telegram to his mother and his spouse and in item 40 (wounds) on his Department of the Army Form 20 (Enlisted Qualification Record).  Although the applicant does have a copy of his Purple Heart award certificate, copies of orders confirming the award were not in records available to the Board.

5.  The applicant was assigned to the 1st Battalion, 501st Infantry at the time he was wounded.  As a result of his wounds he was medically evacuated from Vietnam to a military hospital in Denver, Colorado.  Upon release from the hospital, the applicant was assigned to Fort Hood, Texas.

6.  The applicant was released from active duty, with an honorable characterization of service, on 25 September 1969.  His separation document does not reflect award of the Purple Heart or Combat Infantryman Badge.

7.  There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.

8.  Army Regulation 600-8-22 provides that the Army 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 Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  There is no evidence in the applicant's official military personnel file that his commander ever disqualified him for award of the Army Good Conduct Medal.  His conduct and efficiency ratings throughout his military service were excellent and his records contain no evidence of any disciplinary actions or incidents of misconduct.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was a member of the unit.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was wounded as a result of hostile action while in Vietnam and that he was awarded the Purple Heart.

2.  The evidence also confirms that the applicant met the basic qualification requirements for award of the Combat Infantryman Badge and it would be appropriate, and in the interest of justice, to award him that badge.

3.  The applicant is entitled to an award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 25 September 1969.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, the Board concludes that the applicant met the basic qualifications for 

award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that decoration for the period 26 September 1967 through 25 September 1969.

BOARD VOTE:

__AAO __  ___LE __  __YM ___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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:

a.  confirming his award of the Purple Heart;

b.  awarding him the Combat Infantryman Badge and the Army Good Conduct Medal; and

c.  showing that he is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090571	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040127	
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.