RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060008625 


	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.


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	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 that the Purple Heart, the Army Good Conduct Medal, the Special Forces Tab, the Presidential Unit Citation, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he never received these awards and they are not listed on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and DD Form 215 (Correction to DD Form 214); a supplemental letter; a Standard Form 513 (Consultation Sheet); his Hospital Summary Sheet from the Veteran Affairs (VA) Hospital, Boston, Massachusetts; one page of his DA Form 20 (Enlisted Qualification Record); a Certificate of Achievement, dated 17 May 1968; information regarding the Presidential Unit Citation; information regarding the Meritorious Unit Commendation; his DA Form 137 (Installation Clearance Record); his reassignment orders to Vietnam; information regarding Vietnam campaigns, the Republic of Vietnam Campaign Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal; and orders awarding him the Expert Marksmanship Badge with Rifle Bar.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 24 February 1970.  The application submitted in this case is dated 15 May 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 enlisted in the Regular Army on 22 April 1967.  He completed basic combat training and advanced individual training at Fort Jackson, South Carolina.  He was awarded military occupational specialty (MOS) 13E (Field Artillery Operations and Intelligence Assistant).  On 19 July 1968, the applicant was awarded primary MOS 12B3S (Combat Engineer) and his MOS 13E was withdrawn.  

4.  The applicant completed Special Forces Engineer Training at Fort Bragg, North Carolina in May 1968.

5.  Headquarters, 7th Special Forces Group (Airborne), 1st Special Forces Group, Fort Bragg, North Carolina Special Orders 232, dated 13 November 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant was assigned to Vietnam on 25 February 1969 with the Special Operations Augmentation (Command and Control Central), 5th Special Forces Group (Airborne), 1st Special Forces as a combat engineer.  

7.  He was promoted to staff sergeant, E-6 on 14 January 1970.  There is no record of any disciplinary actions.

8.  The applicant’s Consultation Sheet, dated 16 February 1970, indicated he twisted his right knee during a field operation.  The physician indicated the applicant sustained a severe knee sprain in October 1969.  

9.  He departed Vietnam on 23 February 1970 and received campaign credit for participation in the Tet 1969 Counteroffensive Campaign, the Vietnam 
Summer-Fall 1969 Campaign, and the Vietnam Winter-Spring 1970 Campaign.  

10.  There are no orders which show the applicant was awarded the Purple Heart.  Item 40 (Wounds) on the applicant's DA Form 20 does not show he sustained wounds as a result of hostile action.  The applicant's name is not listed on the Vietnam Casualty Roster.

11.  The applicant was released from active duty on 24 February 1970.  He completed 2 years, 10 months, and 3 days of active military service with no days of lost time.  

12.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, the Vietnam Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two Overseas Service Bars.

13.  The applicant provided a copy of his Hospital Summary Sheet which shows he was admitted to the VA Hospital in Boston, Massachusetts on 3 August 1970. He was diagnosed as having a torn right medial meniscus with associated rotatory instability.  The Hospital Summary Sheet indicates he fell ten feet from a helicopter in Vietnam in November 1969 and sustained an injury to his right knee.

14.  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 the applicant was assigned to the 5th Special Forces Group, 1st Special Forces, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 48, dated 1971.

15.  Department of the Army Pamphlet 672-3 shows the 5th Special Forces Group, 1st Special Forces, was cited for award of the Presidential Unit Citation for actions during the period 1 November 1966 to 31 January 1968 and the Meritorious Unit Commendation for actions during the period 31 January 1968 to 31 December 1968.  The applicant was not assigned to this unit during these periods.

16.  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.  Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Special Forces Tab.  This regulation states that the Special Forces Tab may be awarded for successful completion of the Special Forces Qualification Course, the Special Forces Officer Course, or the Resident Special Forces Qualification Course for Active Army personnel.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of 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.  


19.  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.  

20.  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.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The applicant's Consultation Sheet shows he sprained his right knee during a field operation.  However, there is no evidence of record which indicates he sustained wounds or injuries as a result of hostile action from enemy forces.  Regrettably, there is insufficient evidence to show the applicant met the requirements for award of the Purple Heart.  

3.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 22 April 1967 through 24 February 1970.

4.  There is no evidence of record which shows the applicant completed the Special Forces Qualification Course; therefore, he has not met the requirements for award of the Special Forces Tab.

5.  The applicant was assigned to the 5th Special Forces Group, 1st Special Forces during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  However, he was not assigned to this unit during the period it was cited for award of the Presidential Unit Citation and the Meritorious Unit Commendation.  Therefore, it would be appropriate to only add the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.  

6.  The applicant served a period of qualifying service for award of the Republic of Vietnam Campaign Medal.  Therefore, this award should be added to his DD Form 214.
7.  Special orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be added to his DD Form 214.

8.  The applicant received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show he is entitled to three bronze service stars for wear on his Vietnam Service Medal.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 February 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 23 February 1973.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x______  x______  x______  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 Army Good Conduct Medal for the period 22 April 1967 through 24 February 1970; and 

	b.  amending his DD Form 214 to show award of the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge with Rifle Bar, and to show three bronze service stars for wear on 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 the Purple Heart, the Special Forces Tab, the Presidential Unit Citation, and the Meritorious Unit Commendation.  




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          CHAIRPERSON


INDEX

CASE ID
AR20060008625
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070315
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0000
2.

3.

4.

5.

6.