RECORD OF PROCEEDINGS


	IN THE CASE OF:     
	 

	BOARD DATE:          25 October 2005                    
	DOCKET NUMBER:  AR20050001895


	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. Richard P. Nelson

Analyst


The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jose A. Martinez

Member

Ms. LaVerne M. Douglas

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 for an injury incurred in Vietnam in 1969.

2.  The applicant states that he was carrying ammunition for 3 days and 2 nights, while under fire at a base camp, and suffered a hernia, which was repaired in the hospital at Vung Tau, Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an eyewitness statement from a fellow Soldier who was with him at the time he was injured.  The eyewitness states that the applicant left the unit for approximately 6 weeks, to undergo surgery for the hernia, and later returned to the unit.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error that occurred on 15 April 1971.  The application submitted in this case is dated 22 September 2004, and was received by the Board on 3 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 he enlisted in the Regular Army on 15 July 1968 and completed training in Military Occupational Specialty 62M20 (Loader Operator).  He was then assigned to Vietnam where he served from 12 December 1968 to 11 December 1969 with the 362d Engineer Company.  The applicant returned to Fort Stewart, Georgia where he completed his enlistment and was honorably separated from active duty in pay grade E-5 on 15 April 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he is entitled to the following decorations: the Vietnam Service Medal; the National Defense Service Medal; and, the Republic of Vietnam Campaign Medal with Device (1960).  No other awards or decorations are listed. 
5.  There are no orders or certificates in the applicant’s records, and the applicant has not provided any orders or certificates, that show he was awarded the Purple Heart.  The applicant’s name is not listed on the Vietnam Casualty Roster.  There are no entries in item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) that show he was wounded as a result of hostile action.  There is no indication in the applicant’s medical records that he was wounded, or treated for wounds, as a result of hostile action.

6.  Army Regulation 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 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

8.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show the applicant’s conduct and efficiency were rated as “excellent” throughout his first period of qualifying service and there is no indication of indiscipline in his service personnel records.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army 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.

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 unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 August 1967 to 9 February 1970 by Department of the Army General Orders Number 43, dated 1970.

11.  Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

12.  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.  The appendix shows that the applicant is entitled to wear one bronze service star for each the following Vietnam campaigns: Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive; Vietnam Summer-Fall 1969; and, Vietnam Winter-Spring 1970.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Purple Heart.  There is no evidence in the applicant’s service personnel records that shows that he was wounded, or treated for wounds or injuries, as a result of hostile action.  

2.  The description of the incident provided by the applicant clearly shows he was injured as a result of carrying numerous boxes of ammunition, not a result of enemy action or hostile fire. 

3.  In view of the above, the applicant is not entitled to award of the Purple Heart or to correction of his records to show this decoration.

4.  Since the applicant was not disqualified for award of the Good Conduct Medal, and his records show that his conduct and efficiency were rated as “excellent” throughout his first period of qualifying service, he is entitled to the first award of the Good Conduct Medal based on completion of a period of qualifying service from 15 July 1968 to 15 April 1971, and correction of his records to show this award.

5.  General Orders show the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this unit award.

6.  General Orders show the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled to correction of his records to show this unit award.

7.  Evidence of record shows the applicant received the Vietnam Service Medal and participated in four campaigns.  As a result, he is entitled to award of four bronze service stars, to be affixed to the Vietnam Service Medal, and correction of his records to show these appurtenances.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 April 1971.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 April 1974.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

___jea___  ___jan__  ___lmd__  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of:

a. the first award of the Good Conduct Medal, for the period 15 July 1968 to 15 April 1971;

b. the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

c. the Republic of Vietnam Gallantry Cross Unit Citation with Palm; and, 

d. four bronze service stars, to be affixed to the Vietnam Service Medal.
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.




		_____James E. Anderholm______
		        CHAIRPERSON





INDEX

CASE ID
AR20050001895
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051025
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.