RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 5 February 2004
         DOCKET NUMBER: AR2003089532


         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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart.

2. The applicant states, in effect, that he needs the Purple Heart for membership in the Military Order of the Purple Heart.

3. The applicant provides a copy of his DD Form 214 and a copy of a Western Union telegram notifying his mother that he had been wounded in Vietnam.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 27 November 1968. The application submitted in this case is dated 7 April 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 evidence of record shows the applicant enlisted in the Regular Army on 29 November 1965 for a period of 3 years.

4. Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 11E (Armor Crewman) and was assigned to Vietnam as his first permanent duty assignment.

5. The applicant served in Vietnam from 1 December 1966 to 27 November 1967. During his service in Vietnam, the applicant was assigned to Company A, 5th Battalion, 60th Infantry, 9th Infantry Division. His MOS was changed to 11B (Light weapons Infantryman).

6. The applicant was wounded by hostile action on 23 January 1967 while traveling in a government vehicle on a combat operation. He was treated at the 24th Evacuation Hospital and held for further observation.

7. The applicant was honorably released from active duty on 27 November 1968 under the provisions of Army Regulation (AR) 635-200 by reason of expiration of term of service and was transferred to the United States Army Reserve. He was credited with 2 years, 11 months, and 29 days of active military service.

8. The applicant's DD Form 214 shows the following awards: the National Defense Service Medal, the Vietnam Service Medal, Combat Infantryman Badge, the Sharpshooter Marksmanship Badge (Rifle), and the Expert Marksmanship Badge (Pistol).

9. The applicant's DD Form 214 does not show the Purple Heart as an authorized award and there is no indication in the applicant's military personnel records that he was awarded the Purple Heart while servicing in Vietnam.

10. The applicant's military service records show that on 24 January 1967, a Western Union telegram notified his mother that he had been wounded as a result of hostile action. It further indicated that the applicant sustained lacerations to his head while he was a passenger in a government vehicle that was on a combat operation when the vehicle hit a hostile mine. The applicant was treated at the 24th Evacuation Hospital and was held there for further treatment.

11. The applicant's name is listed on the Vietnam Casualty List indicating that he was wounded on 23 January 1967.

12. AR 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: (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.

13. Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal (GCMDL) 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 GCMDL, disqualification must be justified.

14. Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar (OSB). In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States. There are special provisions regarding authorization for the OSB for service in a hostile fire zone and for combining service to calculate award of the bars. For Vietnam service, one OSB is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973. Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the OSB.

15. Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSSs will be worn on the appropriate service medal. The applicant participated in one campaign.

16. 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 5th Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for the period 1 December 1966 to 30 June 1968 by Department of the Army General Order Number 31, dated 1969. It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969.

17. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal. The Government of Vietnam awarded this medal 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 service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its 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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1. Records show the applicant is eligible for award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, and the Vietnam Campaign Medal.

2. The Vietnam Casualty List and the Western Union telegram both show the applicant was wounded as a result of hostile action, that he was treated, and that it was made a matter of record; therefore, he is entitled to award of the PH.

3. Evidence of record also shows the applicant is entitled to award of two OSBs, one BSS for his Vietnam Service Medal, and the GCMDL for the period 29 November 1965 to 27 November 1968.
BOARD VOTE:

__fne___ __jpi___ __kah___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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 the applicant was authorized award of the Purple Heart, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil Actions Honor Medal, First Class, two OSBs, one BSS for his Vietnam Service Medal, the Vietnam Campaign Medal, and the GCMDL for the period 29 November 1965 to 27 November 1968.



                           Fred N. Eichorn
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089532
SUFFIX
RECON
DATE BOARDED	20040205
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.