RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            27 JANUARY 2004                  
	DOCKET NUMBER:   AR2003090594

	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. Kenneth H. Aucock		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 8 October 1971 DD Form 214 (Report of Transfer or Discharge) be corrected to show award of the Purple Heart and the Bronze Star Medal with 1st oak leaf cluster.

2.  The applicant states that he earned the awards.

3.  The applicant provides a copy of his DD Form 214, a copy of orders awarding him the Purple Heart, copies of two certificates showing award of the Bronze Star Medal and the Bronze Star Medal, 1st oak leaf cluster.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 8 October 1971.  The application submitted in this case is dated 3 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.  The applicant enlisted in the Army for two years on 3 April 1970 and was assigned to Fort Campbell, Kentucky for training.  On 9 May 1970 he received nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), for absent without leave (AWOL) from 4 May 1970 to 8 May 1970.

4.  In June 1970 the applicant was assigned to Fort Polk, Louisiana, where he completed a leadership preparation course and advanced training as an infantry indirect fire crewman.  While at Fort Polk he qualified as an expert with the .45 caliber pistol, and as a sharpshooter with both the 81mm mortar and the M79 grenade launcher.  

5.  The applicant received nonjudicial punishment on 24 September 1970 for AWOL from 9 September 1970 to 23 September 1970, while at the Overseas Replacement Station at Fort Lewis, Washington.  

6.  In October 1970 the applicant was assigned as an ammunition bearer to Company A, 1st Battalion, 52nd Infantry of the 198th Infantry Brigade in Vietnam. The 52nd was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm while the applicant was assigned to that organization.
7.  Orders published on 16 November 1970 awarded the applicant the Purple Heart for wounds received in action on 13 November 1970.   The applicant was subsequently transferred to Walter Reed Army Medical Center.  A 3 December 1970 medical narrative summary indicates that the applicant sustained a gunshot wound of his right humerus. 

8.  The certificates that the applicant submits with his request show that he was awarded the Bronze Star Medal for meritorious achievement for the period September 1970 to November 1970, and the Bronze Star Medal, 1st oak leaf cluster, also for meritorious achievement for the period 24 September 1970 to      13 November 1970.  The certificates were both signed on 19 November 1970.    

9.  On 8 October 1971 the applicant was placed on the temporary disability retired list (TDRL).  The applicant was later determined to be physically fit and was removed from the TDRL on 31 August 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart.  That award should be reflected on his DD Form 214.    

2.  The two certificates showing award of the Bronze Star Medal for meritorious achievement for the same period of service, signed on 16 November 1970, three days after the applicant was wounded, appear to be valid, despite the absence of orders authorizing the awards.  The duplication is inexplicable; however, considering the fact that the applicant was wounded, and then evacuated from country, the 1st oak leaf cluster might have been for meritorious service, and not achievement.  Nonetheless, he received two awards of the Bronze Star Medal, and his DD Form 214 should reflect both of those awards. 

3.  The applicant qualified as an expert with the pistol and as a sharpshooter with the 81mm mortar and the M79 grenade launcher.  His DD Form 214 should show award of the Expert Marksmanship Qualification Badge with pistol bar and the Sharpshooter Marksmanship Qualification Badge with mortar and grenade bars.   
4.  The applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

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 showing award of the Purple Heart, the Bronze Star Medal with first oak leaf cluster, the Expert Marksmanship Qualification Badge with pistol bar, the Sharpshooter Marksmanship Qualification Badge with mortar and grenade bars, and the Republic of Vietnam Gallantry Cross Unit Citation with Palm. 

		____Arthur A. Omartian_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090594	
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.