RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 November 2005
	DOCKET NUMBER:  AR20050001696 


	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. Luis Almodova

Senior Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Thomas E. O’Shaughnessy 

Member

Ms. Carol A. Kornhoff

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, in effect, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that he was wounded in the early morning hours of 1 June 1970 at Can Tho Army Airfield when they came under mortar fire from the enemy.  He received injuries due to this hostile action.  He was taken to the Can Tho Airfield Dispensary and was treated for the injuries he received.

3.  The applicant submitted a copy of a Standard Form 600, Chronological Record of Medical Care, a copy of two pages (31 May and 1 June) from his diary, and a copy of a letter addressed to the Department of Veterans Affairs Regional Office (VARO), Los Angeles, California, dated 8 May 2003, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice, which occurred on 18 September 1971.  The application submitted in this case is dated 26 January 2005.  The application was received for processing on 2 February 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 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 was inducted into the Army of the United States on 5 February 1969.  On 11 February 1969 he was discharged for the purpose of immediate reenlistment.  The applicant reenlisted for 3 years on 12 February 1969.  He completed basic combat training at Fort Ord, California, and his advanced individual training at Keesler Air Force Base, Mississippi.  After completing all required training, he was awarded the military occupational specialty (MOS), 93J, Control Ground Approach Specialist.

4.  The applicant served in Vietnam from 27 October 1969 through 16 September 1971, a total of 23 months.  He was assigned to the 345th Aviation Detachment.  He served with this unit until he was returned to the United States for release from active duty on 18 September 1971.

5.  The applicant was honorably released from active duty, on 18 September 1971, under the provisions of Army Regulation (AR) 635-200, Chapter 5, Early Separation of Overseas Returnee.  He was separated in the rank and pay grade of Specialist Five, E-5.  On the date he was released from active duty, he had completed a total of 2 years, 7 months, and 14 days active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, Armed Forces of the United States Report of Transfer or Discharge shows he was awarded:  the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and two overseas service bars.  The Purple Heart is not shown among his awards.

7.  On 17 March 1969, the applicant qualified at the level of marksman with his assigned weapon.  He was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar, in Special Orders Number 57, published by Headquarters, Third Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, California, dated 19 March 1969.  This badge is not shown on his DD Form 214.

8.  Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, is blank.  There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart.  There are no orders in the applicant's military personnel records awarding him the Purple Heart and the applicant's name does not appear on the Vietnam Casualty List.

9.  The SF 600 the applicant submitted in support of his request shows an entry for 1 June 1970.  The entry reads as follows:  "R ankle injury.  To treatment room."  No other description describing the fact and circumstances, to include the time and the date of the event that lead to the injury were included.

10.  The entry in the applicant's diary shows an entry for 1 June 1970 that reads as follows:  "2:40 a.m. this morn we got hit again.  Cut on ankle and bump the L side of forehead. . . . "

11.  The applicant made a claim to the VA for service-connected compensation and benefits.  A copy of the Daily Staff Journals for the 307th Aviation Battalion, the higher headquarters of the 345th Aviation Detachment, were requested of the U.S Armed Services Center for Unit Records Research, Springfield, Virginia.  In their response to the VARO, a copy of which the applicant provided the Board in support of his request, the records research unit apparently provided daily staff journal to the VARO only for those dates that the base camp location of the 345th Aviation Detachment came under mortar attack by the enemy.  A daily journal for 1 June 1970 was not identified nor, it is presumed, provided.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

13.  The applicant's DD Form 214 shows his entitlement to the Vietnam Service Medal; however, it does not show the bronze service star to denote his campaign participation.

14.  While in Vietnam, the applicant participated in five campaigns of the Vietnam War:  the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; and the Consolidation I, which extended from 1 July through 30 November 1971.

15.  Item 24, of the applicant's DD Form 214, incorrectly shows he was awarded two overseas service bars.  The applicant served in Vietnam for 23 months and is entitled to award of three overseas service bars as opposed to the currently shown two overseas service bars.

16.  AR 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:  a.) the wound was the result of hostile action, b.) the wound must have required treatment, and c.) the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

17.  AR 672-5-1, in effect at the time of the applicant's separation 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.  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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

18.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.  The regulation further provides that one silver service star will be worn in lieu of five bronze service stars.

19.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was twice awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  These unit awards were awarded for the period 1 January 1969 through 30 September 1970 and for the period 1 October 1970 through 31 August 1972 by Department of the Army General Orders (DAGO) Number 6, dated 1974.

20.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

21.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  This precludes wear of the Vietnamese Fourragere, which represents additional 

unit awards of the Republic of Vietnam Gallantry Cross.  Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will indicate all awards received.  In those instances, however, where a single unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.

22.  AR 670-1, in effect at the time, governed the requirements for the Overseas Service Bar.  In pertinent part, it provided 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.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of arrival and month of departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence upon which to base award of the Purple Heart.

2.  The SF 89 the applicant submitted in support of his request lacks critical information about the injury he sustained on 1 June 1970.  It was noted that there was no verbiage in the entry to indicate if the unit was under attack at the time of the event or that the applicant's injury was as a result of hostile enemy action.

3.  The applicant's contention that the event happened on 1 June 1970 was not supported by an entry in the daily staff journal for his unit.  The applicant is therefore ineligible for award of the Purple Heart and to have it added to his DD Form 214.

4.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was recommended for award of the Good Conduct Medal while he was undergoing installation clearance procedures for his departure from Vietnam.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 5 February 1969 through 18 September 1971.

5.  The applicant participated in five campaigns while he served in Vietnam.  The applicant is entitled to award of one silver service star, to be affixed to the Vietnam Service Medal, to denote his campaign participation credit.

6.  The applicant was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar.  This qualification badge is not shown on his DD Form 214.  He is entitled to have it shown on his DD Form 214.

7.  The applicant served in a unit, at the time it was twice awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.  He is therefore entitled to this unit award and to have it added to his DD Form 214.

8.  The applicant served in Vietnam for 23 months.  The applicant's DD Form 214 incorrectly shows that he was awarded two overseas service bars.  The applicant is entitled to award of three overseas service bars and to have them shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_CAK__     _JEA_____  __TEO_  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:

	a.  deleting the Vietnam Service Medal and two overseas service bars from the applicant's DD Form 214;

	b.  awarding the applicant the Good Conduct Medal for the period 5 February 1969 through 18 September 1971;

c.  awarding the applicant the Vietnam Service Medal, with one silver service star, to denote his Vietnam service and to denote his campaign participation credit; 

	d.  awarding the applicant three overseas service bars and adding these overseas service bars to the applicant's DD Form 214;

e.  adding the already-awarded Marksman Marksmanship Qualification Badge, with Rifle Bar, to the applicant's DD Form 214; and

f.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation (two awards), and adding these unit awards to his DD Form 214.

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 and its addition to the applicant's DD Form 214.




__James E. Anderholm______
          CHAIRPERSON




INDEX

CASE ID
AR20050001696
SUFFIX

RECON

DATE BOARDED
20051101
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT IN PART
REVIEW AUTHORITY

ISSUES         1.  46
107.0000
2.   61
107.0015
3.

4.

5.

6.