RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 December 2005
      DOCKET NUMBER:  AR20050006028


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Purple Heart.  In addition, the applicant contends that the date of his
arrival in Vietnam was 17 August 1969, not 15 August 1969, which is
currently shown on his DD Form 214.  He requests that the date on the form
be changed to show this alleged error.

2.  The applicant states he was awarded the Purple Heart medal but never
received a citation or orders to accompany it.  He states that fragments
from two mortar shells wounded him and he was medically evacuated as a
result of those wounds.  Initially, he was evacuated in country, then to
Japan, and eventually to Great Lakes Naval Hospital in Illinois.  There, he
had surgery and ultimately was sent home to await discharge from the Army.
He “never looked” at his DD Form to see what awards he had received and it
never occurred to him that the award (Purple Heart) was missing from the
form.  Finally, the applicant states that the Department of Veterans
Affairs has awarded him disability for the wounds he received in combat.

3.  The applicant provides copies of his DD Form 214 and a VA-Form 21-6782,
which awards him disability compensation for service-connected injuries.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 13 November 1970.  The application submitted in this case is
dated 19 April 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 20 November 1968 and completed training in Military Occupational
Specialty 11D20 (Armor Crewman).  He was assigned to Vietnam where he
served with F Troop, 2d Squadron, 11th Armored Cavalry Regiment from
25 August 1969 to 18 April 1970, when he was medically evacuated to the
249th General Hospital in Japan as a result of wounds incurred on 9 April
1970.  The applicant was later transferred to the US Naval Hospital at
Great Lakes, Illinois, where he was treated for his injuries and eventually
underwent a Medical Evaluation Board (MEB) and a Physical Evaluation Board
(PEB), which found him fit for duty.  He was retained on active duty for 1
month and 24 days for the convenience of the Government and was honorably
separated on 13 November 1970 in pay grade E-5 at the expiration of his
term of service.

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; the Republic of Vietnam Campaign
Medal with Device (1960); and the Sharpshooter Marksmanship Badge with
Rifle Bar.  No other awards or decorations are listed.

5.  Item 30 (Remarks) of the applicant’s DD Form 214 shows the applicant
served in Vietnam from 15 August 1969 to 18 April 1970.  Headquarters US
Army Vietnam Transient Detachment Special Orders Number 230 dated 18 August
1969 indicates the applicant arrived in Vietnam on 17 August 1969.

6.  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.

7.  The applicant’s MEB indicates he incurred “multiple fragment wounds of
the left upper extremity and left hip on 9 April 1970 in the Republic of
Vietnam.”  The final diagnoses were “wound, missile, hand and elbow, left,
left hip, left” and “laceration, nerves, proper, volar, digital, left ring
and little fingers.”  There is no indication in the applicant’s medical
records that the shrapnel or missile wounds were a result of hostile
action.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded to any member of an Armed Force who, while
serving under competent authority in any capacity with one of the U.S.
Armed Services after 5 April 1917, has been wounded or killed 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.
9.  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.

10.  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.

11.  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.

12.  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 Gallantry
Cross Unit Citation with Palm for the period 1 May 1969 to 15 February 1970
by Department of the Army General Orders Number 60, dated 1969.

13.  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 Summer-Fall 1969; and Vietnam Winter-
Spring 1970.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders, or other form of evidence, indicating the
applicant was awarded the Purple Heart.  The applicant was evacuated
through medical channels and treated for a period of nearly 7 months.
While there is no question he was seriously injured as a result of
fragmentation wounds, there is no evidence of record that the wounds were
incurred as a result of hostile action.  The applicant’s service personnel
records, to include his medical records, are quite intact and complete.
Given the comprehensiveness of the records, there would, in all
probability, be a record of the wound being caused as a result of hostile
action, if that had been the case.

2.  In view of the above, and in the absence of more conclusive evidence
that shows the applicant was wounded as a result of hostile action, the
applicant is not entitled to award of the Purple Heart or correction of his
records to show this decoration.

3.  Special Orders show the applicant arrived in Vietnam on 17 August 1969.
 Therefore, he is entitled to correction of his records to show this
arrival date.

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, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 20 September 1968 to 13
November 1970.  Therefore, he is entitled to correction of his records to
show this award.

5.  General Orders show that 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.

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

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 November 1970.  Therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 November 1973.  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

___alr___  ___mhm_  ____slp__  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:

      a. showing award of the first award of the Good Conduct Medal, for
the period 20 September 1968 to 13 November 1970;

      b. showing award of the Republic of Vietnam Gallantry Cross Unit
Citation with Palm;

      c. showing award of two bronze service stars, to be affixed to the
Vietnam Service Medal; and

      d. correcting Item 30 of the individual’s DD Form 214, dated 13
November 1969, to show “VIETNAM:   17 Aug 69 – 18 Apr 70.”

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.




            _________Shirley L. Powell_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006028                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051213                                |
|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.                      |                                        |


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