RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 February 2004
         DOCKET NUMBER: AR2003089097


         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
Ms. Carolyn Wade		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. John P. Infante		Member
Ms. Karen A. Heinz		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his Purple Heart (PH) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2. The applicant states that he received the PH on 30 September 1967.

3. The applicant provides: a copy of his DD Form 214; two copies of a Purple Heart Certificate dated 3 October 1967 and awarding the applicant the PH with Oak Leaf Cluster for wounds received on 30 September 1967; and a copy of a telegram from Headquarters, Department of the Army to the applicant's mother informing her that the applicant was slightly wounded on 2 July 1967 when he encountered a punji stake on a combat operation.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 30 September 1968. The application submitted in this case is dated 31 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 he enlisted in the Regular Army on 27 September 1965 for a period of 3 years. The applicant was trained as an infantryman in military occupational specialty (MOS) 11C (Indirect Fire Crewman) and was assigned to Vietnam as a member of Company D, 1st Battalion, 12th Cavalry, 1st Cavalry Division.

4. The evidence of record shows the applicant was slightly wounded on 2 July 1967 as a result of hostile action when he sustained a puncture wound to his left leg after encountering a punji stake while on a combat operation. The wound was treated at the 18th Surgical Hospital.

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5. The evidence of record further shows that, at 1220 hours, 30 September 1967, the applicant's platoon was test firing their weapons into the sea near Bong Son, Republic of Vietnam. A Soldier was firing an M-60 machine gun from the standing position when rounds began to cookoff causing the weapon to become a runaway gun. At that point, the gunner failed to keep the weapon oriented on the target and sprayed the firing line with rounds. The applicant was accidentally wounded.

6. The applicant was admitted to the 85th Evacuation Hospital, Bong Son, Republic of Vietnam. He was treated and a line of duty report was made that found the injury to be the line of duty. The applicant was subsequently assigned to the Medical Holding Detachment, 106th General Hospital, Vietnam for further treatment and, on 4 November 1967, he departed Vietnam en route to the United States. On 6 November 1967, he was assigned to the Medical Holding Company, Valley Forge General Hospital, Phoenixville, Pennsylvania for further treatment.

7. The applicant was honorably released from active duty on 30 September 1968 and transferred to the United States Army Reserve. He was credited with 3 years and 4 days of active military service. His DD Form 214 shows he was awarded the following awards and decorations: the National Defense Service Medal, the Air Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Marksmanship Badge (Rifle) and 1 Overseas Service Bar. It does not show that he was awarded the PH.

8. The evidence of record shows that the applicant was awarded the Expert Marksmanship Badge with Mortar Bar and the Marksman Marksmanship Badge with Pistol Bar.

9. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It 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: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

10. AR 600-8-22 (Military Awards) 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.

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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. Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

11. AR 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. The applicant served in one campaign during his Vietnam service and is entitled to one bronze service star for wear on his Vietnam Service Medal.

12. 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 the unit to which the applicant was assigned was cited for award of the Vietnam Gallantry Cross Unit Citation with Palm for the period 9 August 1965 to 19 May 1969 by Department of the Army General Order Number 56, dated 1969.

13. The Vietnam Casualty List shows one entry for the applicant and lists his wound on 2 July 1967 as qualifying for a PH. The wound received on 30 September 1967 is not listed on the Vietnam Casualty List.

DISCUSSION AND CONCLUSIONS:

1. Based on the evidence in this case, the applicant is entitled to correction of his records to show awards which were omitted through administrative error at the time the applicant was separated from active duty.

2. The applicant is entitled to one PH for the wound he received on 2 July 1967 when he encountered a punji stake while on a combat patrol.

3. The applicant is not entitled to a second award of the PH for the incident of 30 September 1967 when he was accidentally injured by a runaway machine gun fired by a member of his platoon during training. The Purple Heart Certificate issued on 3 October 1967 is invalid.

4. The applicant is entitled to the following additional awards: the Good Conduct Medal for the period 27 September 1965 to 26 September 1968, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one Bronze Service Star for wear on his Vietnam Service Medal, the Expert Marksmanship Badge with Mortar Bar; and the Marksman Marksmanship Badge with Pistol Bar.

BOARD VOTE:

__fne___ __jpi___ __kah___ 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:

         a. Voiding the Purple Heart Certificate issued to the applicant on 3 October 1967;

         b. Issuing a new Purple Heart Certificate for the wound received on 2 July 1967;

         c. Adding the PH to the applicant's DD Form 214;

         d. Adding the Good Conduct Medal for the period 27 September 1965 to 26 September 1968, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, one Bronze Service Star for wear on his Vietnam Service Medal; the Expert Marksmanship Badge with Mortar Bar; and the Marksman Marksmanship Badge with Pistol Bar.

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 awarding the applicant an Oak Leaf Cluster for his PH.




                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089097
SUFFIX
RECON
DATE BOARDED	20040205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.