RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 13 November 2003
         DOCKET NUMBER: AR2003088427


         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
Mrs. Victoria A. Donaldson		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Ronald E. Blakely		Member
Ms. Eliose C. Prendergast		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).


2. The applicant states that he was wounded in action in Vietnam and that he just noticed that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.

3. The applicant provides no documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error which occurred on 3 April 1971. The application submitted in this case is dated 5 March 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 28 August 1968. He successfully completed basic training and advanced individual training and was awarded the Military Occupational Specialty (MOS) 95B10 with the principal duty title of military policeman. He served in Vietnam from 5 February 1970 through 1 April 1971 as a member of the 61st Military Police Company. The applicant was honorably separated on 3 April 1971.

4. There are no orders in the applicant's service personnel records that support award of the Purple Heart. There also is no evidence which shows that the applicant was wounded or treated for wounds as a result of hostile action. The applicant's DD Form 214 does not show that he is entitled to award of the Purple Heart. The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show award of the Purple Heart as an authorized award in item 41 (Awards and Decorations). The applicant's name is not listed on the Vietnam Casualty Roster.

5. The applicant’s records contain a DA Form 1577 (Authorization for Issuance of Awards) prepared by the National Personnel Records center and dated 29 November 1984. This document shows that the Chief of the Army Reference Branch of the National Personnel Records Center determined that applicant was entitled to award of the Good Conduct Medal; the Vietnam Service Medal with three bronze service stars; the Republic of Vietnam Campaign Ribbon with Device (1960); and the Republic of Vietnam Gallantry Cross With Palm Unit Citation which are not shown on the applicant’s DD Form 214. However, there is no evidence that the applicant's DD Form 214 was amended to show these awards.

6. The applicant was eligible for award of the Good Conduct Medal. There is no indication in the applicant's personnel records that he was awarded the Good Conduct Medal. There is also no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal or any indication of indiscipline in his records.

7. The applicant participated in the Vietnam Winter- Spring Campaign
(1 November 1969-30 April 1970); the DA Sanctuary Counteroffensive (1 July 1970-30 June 1971) and the Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971) and therefore is eligible for award of the Vietnam Service Medal with three bronze service stars.

8. The applicant's records do not show that he was awarded the Republic of Vietnam Campaign Ribbon with Device (1960). Records show that the applicant served in Vietnam from 5 February 1970 through 1 April 1971 which was a qualifying period for entitlement for award of Republic of Vietnam Campaign Ribbon with Device (1960).

9. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

10. Army Regulation 600-8-22 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.

11. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal which in this case is the Vietnam Service Medal.

12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of Republic of Vietnam Campaign Medal with Device (1960). This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

13. 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. Failure to file within the time allotted may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION AND CONCLUSIONS :
1. There are no orders that show the applicant was awarded the Purple Heart.

2. There is no evidence and the applicant has not provided evidence that he was wounded or treated for wounds as a result of hostile action.

3. In the absence of evidence that the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient evidence on which to base award of the Purple Heart in this case.

4. The applicant is entitled to first award of the Good Conduct Medal for the period 28 August 1968 through 3 April 1971 based on completion of a period of qualifying service ending in termination of Federal Military service. Therefore, he is entitled to correction of his records to show this award.

5. The applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. Therefore, he is entitled to correction of his records to show this unit award.

6. The applicant's DD Form 214 shows the Vietnam Service Medal as an authorized award. However, evidence of record shows the applicant participated in three campaigns during his assignment in Vietnam which are not correctly shown by award of three bronze service stars for wear on his Vietnam Service Medal. Therefore, in accordance with the governing regulation, the applicant is entitled to correction of his DD Form 214 to show award of the Vietnam Service Medal with three bronze service stars.

7. The applicant is entitled to award of the Republic of Vietnam Campaign Ribbon with Device (1960) based on completing a qualifying period of service in Vietnam for the period Vietnam from 5 February 1970 through 1 April 1971. Therefore, the applicant is entitled to have his records corrected to show award of the Republic of Vietnam Campaign Ribbon with Device (1960).

BOARD VOTE:

__ AAO __ _ REB ___ __ ECP __ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION


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 that the applicant was awarded the Good Conduct Medal; the Vietnam Service Medal with three bronze service stars; the Republic of Vietnam Campaign Ribbon with Device (1960); and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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. Arthur A. O'Martian
                  CHAIRPERSON

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INDEX

CASE ID	AR
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.