RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            25 NOVEMBER 2003                  
	DOCKET NUMBER:   AR2003091168

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Lana E. McGlynn		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 DD Form 214 (Report of Transfer or Discharge) show award of the Purple Heart.

2.  The applicant states that he has enrolled in the Department of Veterans Affairs (VA) health system.  His DD Form 214 showing that he was awarded the Purple Heart would entitle him to a priority 3 level.

3.  The applicant provides a copy of his DD Form 214, a copy of a VA letter to him showing his monthly compensation for a service-connected condition, a copy of an order showing that he was awarded the Purple Heart for a wound received in action on 26 May 1968, a copy of a card showing that he is a life member of the Military Order of the Purple Heart, a copy of a VA letter to him indicating that his monthly rate of compensation had been increased, and a copy of a transmittal record indicating that the Purple Heart certificate, orders, and the medal itself had been forwarded to the applicant's unit for presentation to him. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 2 September 1969.  The application submitted in this case is dated 11 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 was inducted into the Army on 24 October 1967, completed training as an infantryman, and in April 1968 was assigned to Company C,        1st Battalion (Airborne), 508th Infantry, in Vietnam, as a rifleman.  He was wounded in action on 26 May 1968, evacuated to an Army hospital at Camp Zama, Japan in June 1968, and then reassigned to Walter Reed Army Medical Center in July 1968.  The 1st Battalion, 508th Infantry was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while the applicant was assigned to that organization.  In November 1968 he was assigned to Fort Benning, Georgia.  He was promoted to pay grade E-4 in January 1969.  

4.  On 14 February 1969 the applicant received nonjudicial punishment under Article 15, UCMJ (Uniform Code of Military Justice) for misconduct. 
5.  On 10 July 1969 the applicant requested early release to attend school.  In endorsing his request, his commanding officer indicated that his conduct and efficiency were excellent.  His request was approved.  He was released from active duty on 2 September 1969.  The applicant's DD Form 214 does not show award of the Purple Heart.  The applicant's enlisted qualification record           (DA Form 20) shows that his character and efficiency while assigned to his unit at Fort Benning were both excellent.

6.  Army Regulation 600-8-22 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.

7.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.   
  
DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action and was awarded the Purple Heart.  His DD Form 214 should reflect that award.        

2.  The applicant was an infantryman, assigned as a rifleman to an infantry company, and was wounded in action approximately a month after he was assigned to that company.  It is logical to assume that the applicant was wounded while engaged in active ground combat.  The benefit of the doubt should go to the applicant.  Therefore, the applicant is entitled to award of the Combat Infantryman Badge. 

3.  Notwithstanding the applicant's one instance of transgression, the evidence shows that the applicant's service - his character and efficiency, were excellent.  He served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal.    

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

BOARD VOTE:

__RVO__  __LEM __  __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 that he was awarded the Purple Heart, the Combat Infantryman Badge, the Army Good Conduct Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003091168	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031125	
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.	110.04	
2.		
3.		
4.		
5.		
6.