RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 August 2005 DOCKET NUMBER: AR20050001108 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. Michael J. Fowler Analyst The following members, a quorum, were present: Mr. James E. Vick Chairperson Mr. Ronald J. Weaver Member Mr. Robert Rogers Member 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, in effect, that he received wounds while serving in Vietnam. He further states that he was put in for the Purple Heart but never received it. 3. The applicant provides a Standard Form 600 (Chronological Record of Medical Care), dated 19 September 1968 and a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 31 October 1969. The application submitted in this case is dated 12 January 2005. 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 limitations 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 on 2 November 1967 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. The applicant arrived in Vietnam and was assigned to B Company, 3rd Battalion, 22nd Infantry on or about 1 May 1968. He departed Vietnam on or about 10 April 1969 after being credited with participating in four campaigns. 5. On 31 October 1969, the applicant was honorably released from active duty and transferred to the United States Army Reserve after completing 1 year, 11 months, and 28 days of creditable active service. 6. The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with Device (1960), the Bronze Star Medal, the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge (M-14), the Expert Marksmanship Qualification Badge (M-60), and the Marksman Marksmanship Qualification Badge (M-16). 7. The applicant provided a Standard Form 600, dated 19 September 1968, that shows he was treated at the 3rd Battalion, 22nd Infantry aid station for a piece of shrapnel to his back. His wound was treated and he was returned to duty. 8. There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart. There also is no evidence in his service personnel records that shows that he was treated for wounds as a result of hostile action in Vietnam. The applicant's name is not listed on the Vietnam Casualty Roster. 9. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart. 10. There is no evidence the applicant received the first award of the Army Good Conduct Medal. His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry, it was cited for award of the Valorous Unit Award for the period 27 August 1968 through 31 October 1968 based on Headquarters, Department of the Army General Orders Number 42, dated 1969. 12. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period August 1967 through August 1968 based on Headquarters, Department of the Army General Orders Number 48, dated 1971. 13. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970 based on Headquarters, Department of the Army General Orders Number 51, dated 1971. 14. Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations. It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service. 15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart 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. This regulation also provides that there is no statute of limitations on request for award of the Purple Heart. DISCUSSION AND CONCLUSIONS: 1. There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart. There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action. In the absence of military records which show the applicant was injured as a result of hostile action, there is an insufficient basis for award of the Purple Heart in this case. 2. It appears the applicant has met the regulatory requirements for award of the Army Good Conduct Medal for a qualifying period from 2 November 1967 through 31 October 1969. 3. The applicant was assigned to a unit during a period of time the unit was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His participation in four campaigns entitles him to four bronze service stars to be worn on his Vietnam Service Medal. Therefore, his DD Form 214 should be amended to add these awards. 4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 October 1969. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 October 1972. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __JEV___ __ RJW _ _ RR ___ GRANT PARTIAL 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: a. by awarding the applicant the Army Good Conduct Medal (1st Award) for the period 2 November 1967 through 31 October 1969; and b. by amending his DD Form 214 to add the Army Good Conduct Medal (1st Award), the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be worn on his Vietnam Service Medal. 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 award of the Purple Heart. ___ Mr. James E. Vick __ CHAIRPERSON INDEX CASE ID AR20050001108 SUFFIX RECON DATE BOARDED 18 August 2005 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION PARTIAL GRANT REVIEW AUTHORITY Mr. Schneider ISSUES 1. 2. 3. 4. 5. 6.