RECORD OF PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             22 January 2004                  
	DOCKET NUMBER:     AR2003091333

	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. Klaus P. Schumann		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, in effect, correction of his separation document (DD Form 214) to show award of the Purple Heart (PH).

2.  The applicant states, in effect, that he earned the PH during his service in the Republic of Vietnam (RVN) but did not receive the certificate and medal until after he was separated from the service.

3.  The applicant provides, in support of his application, a copy of his DD Form 214, a PH certificate, dated 14 November 1970, and a letter from the Office of the Adjutant General, dated 15 March 1971, announcing his award of the Purple Heart.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 9 November 1970.  The application submitted in this case is dated 3 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 military records show that he entered active duty on 17 April 1968, and that he was trained and served in military occupational specialty (MOS) 51B (Carpenter).  Upon completion of basic and advanced individual training he was assigned to Germany.  On 30 November 1969, he was reassigned to the RVN, where he served until 9 November 1970 when he was honorably separated.

4.  The applicant's separation document shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and the Army Commendation Medal. 

5.  The applicant's separation document does not show the award of the PH.  However, his records contain a copy of Headquarters, 11th Armored Cavalry Regiment General Orders 120, dated 12 November 1970, which awarded him the PH for wounds sustained in action against the enemy on 15 April 1970.

6.  The applicant's Enlisted Qualification Record (DA Form 20) shows in 
Item 41 (Awards and Decorations) that he was awarded the Good Conduct Medal (GCMDL) by Headquarters, 2nd Squadron 11th Armored Cavalry General Orders 60, dated 4 November 1970.

7.  The applicant's service personnel records do not reflect an entitlement to the Valorous Unit Award or the RVN Gallantry Cross with Palm Unit Citation.  However, Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) lists the unit awards received during the Vietnam War.  This publication shows that during his assignment tenure, the applicant’s unit 
(2nd  Squadron, 11th Armored Cavalry) was awarded the Valorous Unit Award based on Department of the Army General Orders Number 43, dated 1972 and the RVN Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 55, dated 1971.  

8.  Paragraph 2-13 contains guidance on award of the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  Table B-1 of the awards regulation contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Winter-Spring 1970 campaign, Sanctuary Counteroffensive campaign and the Vietnam Counteroffensive Phase VII campaign.  

9.  Army Regulation 600-8-22 provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

10.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's military record confirms he was awarded the PH, for wounds sustained in combat against the enemy on 15 April 1970.  Therefore, he is entitled to correction of his record to show the award of the PH.  

2.  The evidence also confirms that based on his service and campaign participation in the RVN, he is entitled to the Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation and 3 bronze service stars with his Vietnam Service Medal.  Therefore, his records should be corrected to shows these awards.  

3.  The applicant's military record confirms he was awarded the Good Conduct Medal for his service in the Army.  Therefore, he is entitled to correction of his record to show this award.

BOARD VOTE:

__JHL__  __AO___  ___RW  ___  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, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, three bronze service stars with his Vietnam Service Medal and the Good Conduct Medal; and by providing him a corrected separation document that includes this award.

		Joann H. Langston
		 CHAIRPERSON

INDEX

CASE ID	AR2003091333	
SUFFIX		
RECON		
DATE BOARDED	2004/01/22	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1968/04/17	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON		
BOARD DECISION	(GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.PH	107.0015.0000	
2.		
3.		
4.		
5.		
6.