RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 October 2005
	DOCKET NUMBER:  AR20050001253 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Richard T. Dunbar

Member

Ms. Laverne V. Berry

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 award of the Purple Heart.

2.  The applicant states, in effect, that in March 1971 at Fire Base Mary Ann in Vietnam, while in his bunker, several concussion grenades exploded and he received perforated ear drums in both ears, which bled for several days afterwards.

3.  The applicant provides no documentary evidence in support of his application; however, he states that he applied for his medical records to support the fact that he did receive the injury, but he has not yet received his records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 21 January 1972, the date of his separation from active duty.  The application submitted in this case is dated 16 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's military service record shows that he was inducted into the U.S. Army on 19 June 1970.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons, Infantry).

4.  The applicant's military service record shows that he was assigned to Company C, 1st Battalion, 46th Infantry Regiment, 198th Infantry Brigade in Vietnam, from 2 December 1970 through 27 June 1971.  The applicant was medically evacuated on 3 July 1971 and subsequently reclassified and awarded MOS 71F (Postal Clerk).  He was separated from the U.S. Army under honorable conditions on 21 June 1972 after serving on active duty for a total of 1 year,
7 months, and 3 days.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded the National Defense Service Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Campaign Medal, and Expert Qualification Badge with Rifle Bar.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from
18 November 1970 through 5 July 71.  Item 39 (Campaigns) of this document shows that he participated in the Vietnam Winter-Spring 1970, Vietnam Counteroffensive Phase VII, and an unnamed campaign.

7.  There are no orders in the applicant’s service personnel record which shows that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  The applicant's name is not listed on The Adjutant General Casualty Division's, Vietnam Casualty Roster.

8.  The applicant's records contain a Report of Medical Examination, dated
30 December 1971, that was completed in conjunction with his separation processing.  In response to Item 73 (Notes (Continued) and Significant or Interval History), the applicant indicated in his own hand, "I am in excellent" and signed the document.

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

10.  A review of the applicant's record reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

11.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.





12.  The applicant's record contains a copy of Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 261, dated 24 September 1970, which shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle (M16) Bar, the Marksman Marksmanship Qualification Badge with Machine Gun (M60) Bar, and the Sharpshooter Marksmanship Qualification Badge with Pistol (.45) Bar.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in two campaigns during his service in Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase VII and Consolidation 1 campaigns.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant's assignment to the 1st Battalion, 46th Infantry Regiment, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 42; 1972.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  There is no statute of limitations governing requests for award of the Purple Heart.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

17.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is worn on the Vietnam Service Medal to denote an additional award for participation in a campaign.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.

20.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  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 for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, one Overseas Service Bar 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 whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart because he received perforated ear drums in both ears, which bled for several days, as a result of the explosion of several concussion grenades.  However, the applicant provides no evidence to support his assertion.

2.  There is no evidence the applicant was awarded the Purple Heart.  There is no medical evidence of record which shows that the applicant was wounded or treated for wounds as a result of hostile action.  There is no evidence in the applicant's military service records which shows the reasons for his medical evacuation from Vietnam and subsequent MOS reclassification.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart.


3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 19 June 1970 through 21 January 1972 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Rifle (M16) Bar, Sharpshooter Marksmanship Qualification Badge with Pistol (.45) Bar, and Marksman Marksmanship Qualification Badge with Grenade (M60) Bar.  Therefore, it would be appropriate to correct his records to show these badges.

5.  Records show that the applicant served in two campaigns in Vietnam.  Therefore, his records should be corrected to show award of two bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  Records show that the applicant served a total of 8 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of one Overseas Service Bar.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
20 January 1975.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___CLG _  __RTD__  ___LVB _  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 by showing:

	a.  awarding the applicant the Good Conduct Medal for the period
19 June 1970 through 21 January 1972;

	b.  correcting his DD Form 214 to delete the Vietnam Service Medal
w/3 Bronze Service Stars and Expert (Rifle);

	c.  correcting his DD Form 214 to add the Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Pistol Bar, Marksman Marksmanship Qualification Badge with Grenade Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 1 Overseas Service 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 award of the Purple Heart.




 ___Curtis L. Greenway____
          CHAIRPERSON




INDEX

CASE ID
AR20050001253
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051006
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19720121
DISCHARGE AUTHORITY
AR 635-200, Paragraph 5-3
DISCHARGE REASON
Secretarial Authority
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.