RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060010154 


	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.


	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 the award of the Purple Heart.

2.  The applicant essentially states that he was wounded in action in Vietnam and awarded the Purple Heart, but that he did not carefully review his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which omitted his award of the Purple Heart.

3.  The applicant provides his DD Form 214 and a certificate showing that he was awarded the Purple Heart for wounds received in action on 26 July 1966 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
22 June 1967, the date of his release from active duty.  The application submitted in this case is dated 15 July 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 military records show that he was inducted into the Army of the United States on 13 September 1965.  After completing basic and advanced individual training, he was briefly reassigned to Fort Hamilton, New York.  He was then reassigned to Fort Lewis, Washington, and served with Company B, 266th Quartermaster Battalion.  In June 1966, this unit made a permanent change of station to Vietnam.  On 20 July 1966, he was reassigned to the 228th Supply and Service Company.  He returned to the continental United States on or about 18 June 1967, and was honorably released from active duty on 22 June 1967.  The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show the award of the Purple Heart.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) also does not show that he was awarded the Purple Heart.  There are no general orders in the applicant’s records awarding him the Purple Heart.  Item 40 (Wounds) of the applicant’s DA Form 20 also does not show that he received any wounds in action.  However, the applicant provided a certificate which shows that he was awarded the Purple Heart for wounds received in action on 26 July 1966 while serving in the Republic of Vietnam.  Additionally, there is a corroborating entry on the Vietnam Casualty Roster which shows that he was wounded in action on 
26 July 1966.

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, 9 months, and 10 days of continuous active duty service from 13 September 1965 to 22 June 1967.  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 ratings were all “Excellent” during his active duty 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 228th Supply and Service Company, the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 39, dated 1970.  It was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

8.  The applicant’s records show that he was awarded the Vietnam Service Medal, but it does not show that he was awarded 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 campaign, the Vietnam Counteroffensive Phase II campaign, and the Vietnam Counteroffensive Phase III 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart.

2.  Evidence of record clearly shows that the applicant was awarded the Purple Heart for wounds received in action on 26 July 1967 while serving in Vietnam.  Therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

3.  Evidence of record clearly shows the applicant completed 1 year, 9 months, and 10 days of honorable and faithful enlisted active duty service which terminated on 22 June 1967, and there is no derogatory information in his military records which could be a disqualifying factor for award of the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal for the period 13 September 1965 to 22 June 1967, and correction of his military records to show the award of the Army Good Conduct Medal.


4.  General orders awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 228th Supply and Service Company while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm 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 now under consideration on 22 June 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 21 June 1970.  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 relief being granted in this case, and the fact that there are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

___MT __  ___JH___  __DL ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  showing the award of the Purple Heart for wounds received in action against the enemy in Vietnam on 26 July 1966;

b.  awarding him the Good Conduct Medal for the period 13 September 1965 to 22 June 1967 while serving as a specialist four;

c.  awarding him the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

d.  showing three bronze service stars to be affixed to his already awarded Vietnam Service Medal.




______Marla Troup________
          CHAIRPERSON




INDEX

CASE ID
AR20060010154
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
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.
107.0034.0000
4.
107.0094.0000
5.
107.0073.0000 (add bronze service stars)
6.
110.0400.0000