RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  24 February 2004
	DOCKET NUMBER:  AR2003090792

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Lawrence Foster		Member	
	Ms. Margaret V. Thompson		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 records to show an award of the Purple Heart.

2.  The applicant states that the Purple Heart is not listed on his DD Form 214 (Report of Transfer or Discharge) or DA Form 20 (Enlisted Qualification Record).

3.  The applicant provides a copy of his DD Form 214, his DA Form 20, and clinical records.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error, which occurred on 28 March 1968, the date of his separation from active duty.  The application submitted in this case is dated 2 May 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 available records show that he was inducted and entered active duty on 29 March 1966.  After completion of training as an infantry indirect fire crewman he was assigned to Vietnam.  He was assigned as a gunner to Company D, 2/8th Infantry, 1st Cavalry Division, from 13 October 1966 through 4 October 1967.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in block 40 (Wounds) an entry of a gunshot wound to the right hand on 23 March 1967.  The Purple Heart is not listed in block 41 (Awards and Decorations) of his DA Form 20.  It is noted that his conduct and efficiency ratings are shown as excellent.

5.  The applicant's DD Form 214, which he authenticated with his signature, shows that he was separated from active duty and transferred to the Army Reserve in pay grade E-4 effective 28 March 1968.  The Purple Heart is not listed as an authorized award.  There are no orders in the available record awarding the applicant the Purple Heart but his name does appear on the Vietnam Casualty List as wounded in action on 23 March 1967.  It is noted that the Good Conduct Medal is not listed as an authorized award.

6.  The applicant provides a copy of a Clinical Record Cover Sheet, dated 26 March 1967, that states that the applicant was wounded in action on 23 March 1967 and treated for a fragment wound to his right hand.  It also states that he was awarded the Purple Heart by General Orders Number 26, dated 24 March 1967 by the 2nd Surgical Hospital.

7.  Army Regulation 672-5-1(Military Awards), in effect at the time, provides, in pertinent part, for the 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.

8.  Army Regulation 672-5-1 also 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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign credit received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned participated in two campaigns during his period of assignment and was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 3, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There is substantial evidence available to show that the applicant is entitled to correction of his records to show the award of the Purple Heart.

2.  The applicant’s documented excellent conduct and efficiency ratings qualify him for the first award of the Good Conduct Medal in accordance with regulations in effect at the time.  It appears that this was an administrative oversight and he should now be awarded the Good Conduct Medal for his period of active service.

3.  Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board.  Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will accomplish administrative correction of the applicant's records as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

__ro____  __lf____  __mt____  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 that he was awarded the Purple Heart and awarded the Good Conduct Medal for the period 8 January 1969 through 7 January 1971.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of two bronze service stars for the Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

		____Raymond V. O’Connor, Jr.___
		        CHAIRPERSON

INDEX

CASE ID	AR2003090769	
SUFFIX		
RECON		
DATE BOARDED	20040224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.