RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            25 NOVEMBER 2003                  
	DOCKET NUMBER:   AR2003091187

	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) be corrected to show that he was awarded the Purple Heart.  He also requests that his DD Form 214 reflect award of two Bronze Star Medals and two Army Commendation Medals.

2.  The applicant made no other statement.

3.  The applicant provides a copy of an Americal Division General Order showing that he was wounded in action on 24 May 1970, with a copy of the Purple Heart certificate.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on             20 January 1971.  The application submitted in this case is dated 7 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 26 March 1969.  He was assigned to Fort Jackson, South Carolina for basic and advanced training.  He qualified as a sharpshooter with both the rifle and machine gun while at Fort Jackson.  He completed his training and in August 1969 was assigned to Fort Benning, Georgia to attend a combat leader school.  After completion of that school, he was assigned to Fort Polk, Louisiana as an infantry squad leader.  In March 1970 the applicant was assigned to Company D, 1st Battalion, 46th Infantry, in Vietnam.  He was wounded in action on 24 May 1970.  The applicant returned to the United States in January 1971 and was released from active duty on 20 January 1971.  He participated in three campaigns during his tour in Vietnam, and the 1st Battalion, 46th Infantry, was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm for its actions while the applicant was assigned to that organization.       

4.  The applicant's OMPF (Official Military Personnel File) shows that he was awarded the Army Commendation Medal for meritorious achievement for the period 1 August 1970 to 30 November 1970; however, his record does not reflect a second award of that medal, nor a recommendation for that award.

5.  The applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Bronze Star Medal with "V" device (first oak leaf cluster), the Republic of Vietnam Campaign Medal, and the Army Commendation Medal.  It does not show award of the Purple Heart, nor more than the one award of the Army Commendation Medal.   

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 Army Commendation Medal is awarded to any member of the Armed Forces who distinguishes himself by heroism, meritorious achievement, or meritorious service.  The primary requirement for award of this, or any decoration, is that a formal recommendation must be prepared and administratively entered into official military channels by someone having witnessed or with knowledge of the act, achievement, or service to be honored. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 does show two awards of the Bronze Star Medal and one award of the Army Commendation Medal; however, there is no evidence, nor has the applicant submitted any, to show that he received more than one award of the Army Commendation Medal.  Consequently, his request to correct his DD Form 214 to show two awards of the Army Commendation Medal cannot be granted.    

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

3.  The applicant served his country faithfully and honorably as reflected by his record.  He is entitled to award of the Army Good Conduct Medal.  

4.  The applicant is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign), and to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm. 

5.  He was awarded the Sharpshooter Marksmanship Qualification Badge with rifle and machine gun bars.  Those awards should be shown on his                  DD Form 214.

BOARD VOTE:

__RVO__  __LEM __  __YM ___  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 award of the Purple Heart, the Army Good Conduct Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Sharpshooter Marksmanship Qualification Badge with rifle and machine gun bars.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to a second award of the Army Commendation Medal.  

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003091187	
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.