RECORD OF PROCEEDINGS


	IN THE CASE OF:  
	 

	BOARD DATE:           29 September 2005  
	DOCKET NUMBER:  AR20050001803


	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. Wanda L. Waller

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Paul Smith

Member

Mr. Leonard Hassell

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 his DD Form 214 (Report of Transfer or Discharge) be corrected to show all awards and decorations to which he may be entitled.

2.  The applicant states, in effect, he was wounded in Vietnam and evacuated to the United States for medical treatment and his military records were lost.  He contends that he does not have any medals.

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of alleged errors which occurred on 
7 April 1966.  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 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 was inducted on 26 March 1964.  He successfully completed basic training, advanced individual training and basic airborne training.  He served as an infantryman assigned to Company A, 2nd Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 16 September 1965 until he was wounded in action on 31 January 1966 and evacuated to the United States for medical treatment.  On 7 April 1966, the applicant was released from active duty in the temporary rank of specialist four after completing 2 years and 12 days of creditable active service with no time lost.    

4.  The applicant’s DD Form 214 shows the entry, “NOT AVAILABLE” in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized).  Item 27 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 shows he was wounded on 
31 January 1966 in Vietnam.

5.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, his records contain a message which shows he sustained metal fragment wounds to his left shoulder on 31 January 1966 in Vietnam as a result of hostile action.  Section 8 (Wounds Received through Enemy Action) on his service record shows he was wounded on 31 January 1966.  The Vietnam Casualty Roster also shows that he was wounded in action on 31 January 1966.

6.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 116, dated 25 October 1965, show the applicant received the Combat Infantryman Badge.

7.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the FSM was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

9.  Headquarters, U.S. Army Infantry Center Fort Benning, Georgia, Special Orders Number 209, dated 9 September 1964, show the applicant received the Parachutist Badge.

10.  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 applicant’s unit is entitled to award of the Presidential Unit Citation for actions during the period 23 October 1965 to 
26 November 1965 by Department of the Army General Orders Number 40, dated 1967.  

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is also entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 59, dated 1969.

12.  Army Regulation 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 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.  

13.  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.

14.  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.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal.  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.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide 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 Vietnam Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action on 31 January 1966 in Vietnam.  Therefore, he is entitled to award of the Purple Heart.

2.  Orders show the applicant received the Combat Infantryman Badge.

3.  Based on the applicant’s service in Vietnam, he is entitled to award of the Vietnam Service Medal with two bronze service stars.

4.  The applicant was separated in the temporary rank of specialist four with two years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 26 March 1964 through 7 April 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

5.  The applicant is entitled to award of the Vietnam Campaign Medal because he qualified for award of the Vietnam Service Medal and was evacuated prior to completing six months of service due to wounds resulting from hostile action.

6.  Orders show the applicant received the Parachutist Badge.

7.  The applicant's unit was cited for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.

8.  The Army Board for Correction of Military Records does not issue medals.  The applicant may receive the awards shown on his DD Form 214 or DD Form 215 (Correction to DD Form 214) by submitting a request in writing to the following address: National Personnel Records Center, ATTN:  Army Medals, 9700 Page Avenue, St. Louis, Missouri 63132-5100.  A copy of the DD Form 214 or DD Form 215 should be included with the request.

9.  Records show the applicant should have discovered the alleged error now under consideration on 7 April 1966; therefore, the time for the applicant to file a request for correction of any error expired on 6 April 1969.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

LE_____  PS______  LH______  GRANT RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  awarding him the Purple Heart for wounds received in action on 
31 January 1966 in Vietnam;

	b.  awarding him the first award of the Good Conduct Medal for the period 26 March 1964 through 7 April 1966; and 

	c.  amending his DD Form 214 to add award of the Purple Heart and the Good Conduct Medal and to show that he was awarded the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal, the Parachutist Badge, the Presidential Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  



		__Lester Echols_______
		        CHAIRPERSON





INDEX

CASE ID
AR20050001803
SUFFIX

RECON

DATE BOARDED
20050929
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.