RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 November 2006
      DOCKET NUMBER:  AR20060004494


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 the award of the Bronze Star
Medal (BSM) and the Purple Heart be added to his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his platoon leader recommended
that he receive the BSM because he supported wounded Soldiers during combat
operations in the Republic of Vietnam.  However, he got wounded and the
award never went through.  Also, he states that while they where on a foot
patrol in the Republic of Vietnam, they came across a trail that lead them
to a NVA (North Vietnamese Army) bunker.  When they opened fire on the
bunker, he was hit by "frag" from a M79 (Grenade Launcher).  He later found
out from a sergeant that he was not awarded the Purple Heart because the
shell that hit him was friendly fire.

3.  The applicant provides a statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 30 June 1971, the date of his release from active duty.  The
application submitted in this case is dated 20 March 2006.

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 requested correction of his records to show award of the
Bronze Star Medal.  There are no orders or other evidence to show that the
applicant was authorized this award.  In the absence of authority for this
award, the applicant may request award of the Bronze Star Medal under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this award under Section 1130 and, as a result, it will not be
discussed further in this Records of Proceedings.


4.  The applicant's records show that he entered active duty on 16
September
1968.  He completed basic combat training and advanced individual training,
and was awarded the military occupational specialty 91B10 (Medical
Specialist).

5.  He served with Company D, 1st Battalion, 77th Armor, 1st Brigade,  
5th Infantry Division, in the Republic of Vietnam during the period 3
August  
1970 to 14 May 1971.

6.  He was assigned as a patient at Walter Reed Army Medical Center during
the period 15 May 1971 to 29 June 1971.  He was then honorably released
from active duty on 30 June 1971 after serving 3 years, 1 month, and 11
days of active federal service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the applicant was awarded the National Defense Service Medal,
Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device  
1960, Parachutist Badge, Combat Medical Badge, Expert Field Medical Badge,
and Sharpshooter Marksmanship Badge with Rifle Bar.  However, it does not
show that he was awarded the Purple Heart.

8.  There are no orders in the applicant's records to show the award of the
Purple Heart.

9.  Item 40 (Wounds) of the DA Form 20 (Enlisted Qualification Record) has
no entry.

10.  The applicant's separation medical examination shows the entry "(R)
arm in RVN – 1971."

11.  A review of the Republic of Vietnam Casualty Files does not show the
applicant's name listed among those wounded.  However, the applicant was
medevaced from the Republic of Vietnam to Walter Reed Army Medical Center.

12.  Army Regulation 672-5-1 (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 by a medical officer, and the medical treatment must have been
made a matter of official record.  This regulation also provides that there
are no time limitations on requests for award of the Purple Heart.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Purple Heart to individuals wounded or killed as a result of “friendly
fire” in the “heat of battle” as long as the “friendly” projectile or agent
was released with the full intent of inflicting damage or destroying enemy
troops or equipment.

14.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

15.  Headquarters, 1st Infantry Brigade General Orders Number 671, dated  
12 May 1971 awarded the applicant the Army Commendation Medal (ARCOM) for
meritorious service in connection with military operations against a
hostile force.

16.  Army Regulation 600-8-22 (Military Awards) states, 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.  After 27 June 1950, to the present
time, the current standard for award of the Army 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.  While any record of nonjudicial
punishment could be in conflict with recognizing the Soldier's service as
exemplary, such record should not be viewed as automatically disqualifying.
 Although there is no automatic entitlement to the Army Good Conduct Medal,
disqualification must be justified.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows that, Company D,
1st Battalion,  
77th Armor, 1st Brigade, 5th Infantry Division  was cited for an award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Order Number 5, dated 1973.

18.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

19.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated in
the Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971).
This same regulation states that a bronze service star will be awarded for
wear on the Vietnam Service Medal for participation in each campaign.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the award of the Purple Heart be added to
his DD Form 214.

2.  While the applicant's records show that he was evacuated from the
Republic of Vietnam as a patient and he was assigned to Walter Reed Army
Medical Center, and his separation examination shows the entry "(R) arm in
RVN – 1971"; there is no evidence in his records which shows he was wounded
or injured as a result of hostile action or friendly fire and was treated
for such wound.

3.  Based on the lack of substantiating evidence, there is no basis to
award the Purple Heart.

4.  Orders show the applicant was awarded the ARCOM.  Therefore, the
applicant is entitled to correction of his records to show this award.

5.  Records show he is entitled to the first award of the Army Good Conduct
Medal for the period 16 September 1968 to 30 June 1971 based on completion
of a period of qualifying service of less than three years, but more than
one year, ending with the termination of a period of Federal military
service.  His records do not contain any adverse information and he
received conduct and efficiency ratings of “excellent” throughout his
service.  Therefore, he is entitled to correction of his records to show
this award.

6.  Orders show that Company D, 1st Battalion, 77th Armor, 1st Brigade,  
5th Infantry Division was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while the applicant was assigned to the unit.
Therefore, he is entitled to correction of his records to show this foreign
award.

7.  Evidence of records show that the applicant was assigned to the
Republic of Vietnam during in one campaign.  Therefore, he is entitled to
correction of his records to show one bronze service star to be affixed to
his Vietnam Service Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
15 September 1971.  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 are no time limitations on requests for award of
the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___jbg___  ___eem__  __swf___  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 waive failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected to show awards of the Army
Commendation Medal, Army Good Conduct Medal first award for the period 16
September 1968 to  
30 June 1971, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and one bronze service star 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
awarding the applicant the Purple Heart.





                            ________James B. Gunlicks____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004494                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061102                                |
|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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