RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            22 JANUARY 2004   
	DOCKET NUMBER:   AR2003090857

	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:

	Ms. Joann H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Ronald J. Weaver		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 award of the Purple Heart.

2.  The applicant states the award was omitted from his separation document by the clerk who was preparing the document.

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

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 23 June 1970.  The application submitted in this case is dated 18 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 24 June 1968.  While undergoing training he qualified as a marksman with the 
M-16 automatic rifle and as a sharpshooter with the M-14 rifle.  He was awarded the associated badges and component bars.  The information, however, was omitted from his separation document.

4.  In November 1968 the applicant was assigned to Vietnam as an infantryman with the 2nd Battalion, 7th Cavalry.

5.  On 29 January 1969 the applicant was wounded as a result of hostile action and awarded the Purple Heart.  Orders confirming the award were published by the 1st Cavalry Division and were contained in the applicant’s military personnel file.  The award, however, was omitted from his separation document.

6.  The applicant returned to the United States in November 1969 and completed his service contract at Fort Carson, Colorado.  He was released from active duty with an honorable characterization of service on 23 June 1970.

7.  Army Regulation 600-8-22 also 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.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) notes the applicant’s unit as credited with participating in four designated campaigns (Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970) during the applicant’s period of assignment.  His campaign participation should be reflected by four bronze service stars on his Vietnam Service Medal vice the one currently reflected.  The unit was also awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Purple Heart for wounds sustained as a result of hostile action while in Vietnam.

2.  The evidence also shows that the applicant qualified as a marksman with the 
M-16 automatic rifle and as a sharpshooter with the M-14 rifle and was awarded the associated badges and component bars.

3.  The evidence confirms the applicant is entitled to four bronze service stars on his Vietnam Service Medal, 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 23 June 1970.  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 24 June 1968 through 23 June 1970.

BOARD VOTE:

__JHL___  __AAO  _  __RJW__  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.  showing that he was awarded the Purple Heart;

b.  showing that he qualified as a marksman with the M-16 automatic rifle and as a sharpshooter with the M-14 rifle and was awarded the associated badges and component bars;

	c.  showing that he is entitled to four bronze service stars on his Vietnam Service Medal, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	d.  awarding him the Army Good Conduct Medal for the period 24 June 1968 through 23 June 1970.

		___Joann H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090857	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040122	
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.