RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            29 JANUARY 2004                  
	DOCKET NUMBER:   AR2003091367

	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	
	Mr. Walter T. Morrison		Member	
	Ms. Karen Y. Fletcher		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 that he was awarded the Purple Heart, the Bronze Star Medal with "V" device, and the Army Commendation Medal.

2.  The applicant states that he was released from active duty prior to receiving those awards. 

3.  The applicant provides documents as indicated herein.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 14 June 1968.  The application submitted in this case is dated 16 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 enlisted in the Army for three years on 28 June 1965, trained as an infantryman, and qualified as a sharpshooter with the machinegun.  In December 1965 he was assigned to Company B, 2nd Battalion, 2nd Infantry of the 1st Infantry Division in Vietnam.  He was awarded the Combat Infantryman Badge (CIB), and in April 1966 was promoted to pay grade E-4.  He completed his tour in Vietnam and was assigned to Fort Carson, Colorado.  The applicant participated in three campaigns during his tour in Vietnam and the 2nd Battalion, 2nd Infantry was awarded 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.

4.  In August 1967 the applicant was promoted to sergeant.  In January 1968 he returned to Vietnam and was assigned as a squad leader with Company C,         1st Battalion, 22nd Infantry of the 4th Infantry Division.  On 11 August 1968, Headquarters, 4th Infantry Division published orders awarding the applicant the Bronze Star Medal with "V" device for heroism on 28 April 1968.  Those orders also indicate that he was wounded in action on that date.  The applicant submits a copy of a Purple Heart certificate showing that he was wounded in action on 28 April 1968 and a copy of a Bronze Star Medal certificate attesting to his heroism on that same date.  He also submits a copy of a certificate showing that he was awarded the Army Commendation Medal for meritorious service for the period June 1967 to June 1968.    

5.  The applicant completed his tour in Vietnam in June 1968 and returned to the United States at Fort Lewis, Washington.  He participated in two campaigns and the 1st Battalion, 22nd Infantry was awarded the Valorous Unit Award for its actions while the applicant was assigned to that organization.  

6.  The applicant was released from active duty on 14 June 1968 at Fort Lewis, Washington.  His DD Form 214 shows award of the CIB, but does not reflect the other above-mentioned awards, nor does the Vietnam Service Medal annotated on that form show the number of campaigns he participated in.   

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart and the Bronze Star Medal with "V" device.  The dates on the certificate showing award of the Army Commendation Medal were apparently prepared based on an assumption by administrative personnel that he served a one-year tour of duty in Vietnam.    
Notwithstanding the inaccurate dates on the certificate, e.g., June 1967 to June 1968, he was awarded the Army Commendation Medal for meritorious service.  The award of the Purple Heart, Bronze Star Medal with "V" device, and the Army Commendation Medal should be reflected on his DD Form 214.    

2.  The applicant qualified as a sharpshooter with the machine gun.  His           DD Form 214 should show award of the Sharpshooter Marksmanship Qualification Badge with machinegun bar.  

3.  The applicant participated in a total of five campaigns during his two tours of duty in Vietnam.  He is entitled to award of the Vietnam Service Medal with one silver service star (a silver service star is equivalent to five bronze service stars).  
4.  He 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.  

5.  The applicant served his country faithfully and honorably.  He is entitled to award of the Army Good Conduct Medal. 
BOARD VOTE:

__RVO __  __WTM _  __KYF __  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 award of the Purple Heart, the Bronze Star Medal with "V" device, the Army Commendation Medal, the Vietnam Service Medal with one silver service star, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Army Good Conduct Medal. 

		Raymond V. O'Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR2003091367	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040129	
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.