RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060006221 


	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.




Director



Analyst


The following members, a quorum, were present:



Chairperson


Member


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 military records be corrected to show that he was awarded the Purple Heart.

2.  The applicant essentially states he received the Purple Heart in 1967 while serving in Vietnam, but that it was stolen, and he would like to have it replaced.

3.  The applicant provides no additional evidence in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 29 February 1972, the date of his discharge from the United States Army Reserve.  The application submitted in this case is dated 20 April 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’s records show that he was inducted into the Army of the United States on 1 March 1966.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  After an initial permanent duty assignment in Germany, he departed for the Republic of Vietnam on or about 3 May 1967, and initially served with Company C, 4th Battalion, 39th Infantry Regiment, 9th Infantry Division.  On 
1 October 1967, he was reassigned to the 19th Military History Detachment, where he served until he departed Vietnam on 21 February 1968.  On 
22 February 1968, he was honorably released from active duty.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that he was issued shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Combat Infantryman Badge.  He served in the United States Army Reserve until his discharge on 29 February 1972.

4.  In his application, the applicant essentially stated that he received the Purple Heart.  However, Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s 
DD Form 214 does not show that he was awarded the Purple Heart.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) also does not have any entries which show that he sustained wounds as a result of hostile action.  Item 41 (Awards and Decorations) of this same form does not show that he was awarded the Purple Heart.  There are no general orders in the applicant’s military records which show that he was awarded the Purple Heart.  Further, there is no evidence in the applicant’s military records which shows that he was wounded in action.  Additionally, although there are seven entries on the Vietnam Casualty Roster with names matching the applicant’s, there was no entry which matched the applicant’s social security number or service number.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant’s records show that he served 1 year, 11 months, and 22 days of continuous active duty service from 1 March 1966 to 22 February 1968.  However, his DA Form 20 and DD Form 214 do not show that he was awarded the Good Conduct Medal for this period of service.  There is no derogatory information in the applicant’s official records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Additionally, his conduct and efficiency were rated as "excellent" for this entire period of qualifying service.

7.  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 that at the time of the applicant’s assignment to the 9th Infantry Division, the division was twice cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 10, dated 1968, Department of the Army General Orders Number 37, dated 1970.  This document also shows that at the time of the applicant’s assignment to the 4th Battalion, 39th Infantry Regiment, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 31, dated 1969.  It was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 59, dated 1969.  

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It 
states, in pertinent part, that a bronze service star is authorized with this award 


for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tour in Vietnam, the applicant was credited with participating in the Vietnam Counteroffensive Phase II campaign, the Vietnam Counteroffensive Phase III campaign, and the TET Counteroffensive campaign.  

9.  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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.

11.  Army Regulation 600-8-22 also provides, in pertinent part, that the Meritorious Unit Commendation is awarded to units for exceptionally meritorious conduct in the performance of outstanding services for at least 6 continuous months during the period of military operations against an armed enemy occurring on or after 1 January 1944.  Service in a combat zone is not required, but must be directly related to the combat effort.  Units based in the continental United States are excluded from this award as are other units outside the area of operation.  The unit must display such outstanding devotion and superior performance of exceptionally difficult tasks as to set it apart and above other units with similar missions.  The degree of achievement required is the same as that which would warrant award of the Legion of Merit to an individual.  Only in rare cases will a unit larger than a battalion qualify for award of this decoration.  Paragraph 6-3 also states, in pertinent part, that a bronze oak leaf cluster is issued to denote award of second and succeeding awards of unit awards.  




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was awarded the Purple Heart.

2.  While the Board does not doubt the veracity of the applicant’s claim to have been awarded the Purple Heart in 1967, there is no evidence, and the applicant did not provide any evidence to corroborate his claim.  Regrettably, absent evidence which conclusively shows that the applicant was wounded as a result of hostile action, and that he was treated for wounds incurred as a result of hostile action which was made a matter of official record, there is no basis to grant award of the Purple Heart to the applicant in this case.
 
3.  The applicant served 1 year, 11 months, and 22 days of continuous active duty service from 1 March 1966 to 22 February 1968, and there is no derogatory information in the applicant’s official records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.  Additionally, his conduct and efficiency were rated as "excellent" for this entire period of qualifying service.  Therefore, he is entitled to award of the Good Conduct Medal for the period 1 March 1966 to 22 February 1968, and correction of his military records to show the award of the Good Conduct Medal.

4.  General orders twice awarded the Meritorious Unit Commendation to the 9th Infantry Division while the applicant was assigned to this division.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 4th Battalion, 39th Infantry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

5.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already awarded Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 February 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
28 February 1975.  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, and the partial relief being granted in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___MT __  __JH____  ___DL __  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.   awarding him the Good Conduct Medal for the period 1 March 1966 to 22 February 1968 while serving as a specialist four;

	b.  awarding him the Meritorious Unit Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	c.  showing three bronze service stars to be affixed to his already awarded 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 Purple Heart to the applicant.  




______ Marla Troup_________
          CHAIRPERSON



INDEX

CASE ID
AR20060006221
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070221
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
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.
107.0034.0000 (2)
4.
107.0094.0000
5.
107.0095.0000
6.
107.0073.0000 (add bronze service stars)
7.
110.0400.0000