RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060010296 


	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 that he be awarded the Purple Heart.

2.  The applicant essentially states that his injuries were not reported at the time he was in Vietnam, but that there is sufficient evidence of his injuries which entitle him to award of the Purple Heart.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a self-authored letter, dated 29 November 2005, addressed to the Department of Veterans Affairs, a DA Form 8-274 (Medical Condition – Physical Profile Record), dated 11 October 1968, which shows that he had an old injury to his right hand which existed prior to service (EPTS), and 10 pages of medically-related documents in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
12 February 1970, 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 records show that he was inducted into the Army of the United States on 13 February 1968.  He completed basic and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He departed for the Republic of Vietnam on or about 12 July 1968, and was initially assigned to Company C, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division.  He was reassigned to Detachment 1, 25th Infantry Division Adjutant General Replacement Detachment, and served at the Lightning Reinforcement Training School, 25th Infantry Division.  He returned to the continental United States on or about 6 July 1969, and served at Fort Carson, Colorado until he was honorably released from active duty on 12 February 1970. The DD Form 214 that was issued to him at the time of his release from active duty shows that he was awarded the Bronze Star Medal, the National Defense Service Medal, the Vietnam Service Medal with one Bronze Service Star, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  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.  The applicant did not provide any orders, and there are no orders in his military records which show that he was awarded the Purple Heart.  Although the applicant provided extracts of his medical records which essentially show that he had an old injury to his right hand which EPTS, these extracts do not show that this injury was sustained as a result of hostile action against the enemy.  Additionally, the applicant’s name is not listed on the Vietnam Casualty Roster.

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 13 February 1968 to 12 February 1970.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) 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 25th Infantry Division, the division was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 37, dated 1970, and by Department of the Army General Orders Number 51, dated 1971.  This document also shows that at the time of the applicant’s assignment to the 2nd Battalion, 12th 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 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.


8.  The applicant’s records show that he was awarded the Vietnam Service Medal with one Bronze Service Star to signify participation in one campaign during his tour in Vietnam.  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 tenure of assignment, the applicant was credited with participating in the Vietnam Counteroffensive Phase V campaign, the Vietnam Counteroffensive Phase VI campaign, the TET 69 Counteroffensive campaign, and the Vietnam Summer-Fall 1969 campaign.

9.  The applicant’s DD Form 214 does not show that he was awarded the Marksman Marksmanship Qualification Badge with Mortar Bar.  However, he was awarded this badge by Headquarters, United States Army Training Center (Infantry) and Fort Lewis (Provisional), Fort Lewis, Washington Special Orders Number 147, dated 27 May 1968.

10.  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.

11.  Army Regulation 672-5-1 (Military Awards), 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 he should be awarded the Purple Heart.

2.  While the Board does not doubt the veracity of the applicant’s claim to entitlement to the Purple Heart, there is no evidence and the applicant failed to provide any evidence which shows that he sustained wounds or injuries as a result of hostile action, that he was treated by medical personnel for those 

wounds, and that this treatment was made a matter of official record.  Regrettably, absent such evidence, there is no basis for awarding the Purple Heart to the applicant in this case.  

3.  The applicant served 2 years of continuous enlisted active duty service from 13 February 1969 to 12 February 1970.  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.  Therefore, he is entitled to award of the Good Conduct Medal for the period 13 February 1969 to 12 February 1970, and correction of his military records to show award of the Good Conduct Medal.

4.  General orders awarded the Meritorious Unit Commendation to the 25th Infantry Division while the applicant was assigned to this division twice.  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 2nd Battalion, 12th 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 four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four Bronze Service Stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Mortar Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Marksman Marksmanship Qualification Badge with Mortar Bar.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 February 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
11 February 1973.  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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___JA___  ___SF  __  ___RV__  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 13 February 1968 to 12 February 1970 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; 

c.  showing the award of the Marksman Marksmanship Qualification Badge with Mortar Bar; and

d.  showing four 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.    




____James Anderholm______
          CHAIRPERSON




INDEX

CASE ID
AR20060010296
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
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.
107.0110.0000
7.
107.0073.0000 (add bronze service stars)
8.
110.0400.0000