RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060010171 


	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 on 
24 September 1967 while serving in Vietnam, and that he was presented his Purple Heart on 10 November 1967.   

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a letter, dated 13 July 2006, from his wife, a 
DA Form 1811 (Physical and Mental Status on Release From Active Service), a Department of Veterans Affairs (DVA) Form 21-6782 (Original Disability Compensation), a letter dated 1 November 1968, from the DVA, a letter, dated 
3 April 2006, from the DVA, photographs of him when he was a patient at the 67th Evacuation Hospital in Vietnam, and recent photographs of him and his family with his Purple Heart and certificate in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
11 July 1968, the date of his release from active duty.  The application submitted in this case is dated 13 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 12 July 1966.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He departed for the Republic of Vietnam on 19 December 1966, and served with Company C, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division during his tour in Vietnam.  He returned to the continental United States on 18 December 1967, and served at Fort Hood, Texas until he was honorably released from active duty on 11 July 1968.  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 Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, and the Second Class Gunner Badge with Machinegun Bar.    

4.  The applicant stated that he was wounded in action on 24 September 1967.  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 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 orders in his military records awarding him the Purple Heart.  However, there is an entry on the Vietnam Casualty Roster which shows the applicant was wounded in action on 24 September 1967.  The applicant also provided photographs of him and his family with his Purple Heart and certificate.

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.  Item 24 of the applicant’s DD Form 214 does not show that he was awarded the Good Conduct Medal.  However, it does show that he served 2 years of continuous enlisted active duty service from 12 July 1966 to 11 July 1968.  Item 38 (Record of Assignments) of his DA Form 20 shows that his conduct and efficiency ratings were rated as "excellent" or “unknown” for the entire period of this qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for this period of active duty service for award of the Good Conduct Medal.

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 4th 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, and by Department of the Army General Orders Number 37, dated 1970.  It also shows that at the time of the applicant’s assignment to the 1st Battalion, 35th Infantry Regiment, the unit was cited for award of the Valorous Unit Award by Department of the Army General Orders Number 43, dated 1972.  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 48, dated 1971. It was further cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 53, dated 1970.

8.  The applicant’s records show he was awarded the Vietnam Service Medal with one bronze service star to signify participation in one campaign.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for award of the Vietnam Service Medal.  It provides, 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 tenure of assignment, the applicant was credited with participating in 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 while in action against an enemy or 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.

10.  Army Regulation 672-5-1, in effect, at the time of the applicant’s active duty service, 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” or “unknown” for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

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

2.  Although the applicant’s military records do not show he was awarded the Purple Heart.  Evidence provided by the applicant and the Vietnam Casualty Roster shows he was wounded in action on 24 September 1967 and that he was treated for those wounds.  In view of the foregoing, the applicant is entitled to correction of his military records to show the award of the Purple Heart.

3.  The applicant served 2 years of continuous enlisted active duty service from 12 July 1966 to 11 July 1968.  His conduct and efficiency were rated as "excellent" or “unknown” for the entire qualifying period of service, and there is no derogatory information in the available records which could be a disqualifying factor for award of the Good Conduct Medal.  Therefore his military records should be corrected to show award of the Good Conduct Medal.
4.  General orders awarded the Meritorious Unit Commendation to the 4th Infantry Division twice while the applicant was assigned to this division.  General orders also awarded the Valorous Unit Award, 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 1st Battalion, 35th 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 Valorous Unit Award, 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 two campaigns during his two tours in Vietnam; therefore, he is entitled to correction of his military records to show two 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 11 July 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 July 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 partial relief being granted in this case, and the fact that there is no time limitation on requests for award of the Purple Heart, and the relief being granted in this case.

BOARD VOTE:

__WC  __  __EM ___  __RN ___  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 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.  showing award of the Purple Heart;

b.  awarding him the Good Conduct Medal for the period 12 July 1966 to 11 July 1968 while serving as a sergeant;

c.  awarding him the Valorous Unit Award, 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

d.  showing award of two bronze service stars to be affixed to his already awarded Vietnam Service Medal.




______William Crain _______
          CHAIRPERSON




INDEX

CASE ID
AR20060010171
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070308
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.
107.0033.0000
4.
107.0034.0000 (2)
5.
107.0094.0000
6.
107.0095.0000
7.
107.0073.0000 (add bronze service star)
8.
110.0400.0000