RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060010510 


	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.


Mr. Gerard W. Schwartz

Acting Director

Mr. Andrew C. Jacobs

Analyst


The following members, a quorum, were present:


Mr. James Anderholm

Chairperson

Mr. Scott Faught

Member

Mr. Roland Venable

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 the award of the Purple Heart.

2.  The applicant essentially states that he was wounded in action on 4 April 1969 while serving with Company B, 2nd Battalion, 505th Infantry Regiment, 82nd Airborne Division and was awarded the Purple Heart, but that it is not shown in his military records.

3.  The applicant provides a Department of Veterans Affairs Form 21-22 (Appointment of Veteran’s Service Organization as Claimant’s Representative) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
17 May 1968, the date of his release from active duty.  The application submitted in this case is dated 19 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 enlisted in the Regular Army on 26 May 1965.  He completed basic and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  After completing the Basic Airborne Course, he was assigned to Fort Bragg, North Carolina in December 1965.  He departed for his first tour in Vietnam on 
17 May 1966, and served with Company B, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.  He returned to the continental United States on 16 May 1967, and was assigned to Company B, 1st Battalion, 505th Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina.  On 14 February 1968, his unit made a permanent change of station to Vietnam.  He returned from his second tour in Vietnam on 8 May 1968, and was honorably released from active duty on 17 May 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 Bronze Star Medal, the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, and the basic Parachutist Badge.

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.  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.  However, the applicant’s military records contains a telegram, dated 10 April 1968, which clearly states the applicant was slightly wounded in Vietnam on 5 April 1968 as a result of hostile action when the area came under hostile rocket attack.  The applicant received a metal fragment wound to his right leg while in base camp.  Additionally, there is a corresponding entry on the Vietnam Casualty Roster which shows that he was wounded in action on 5 April 1968.

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, 
11 months, and 22 days of continuous enlisted active duty service from 26 May 1965 to 17 May 1968.  Item 38 (Record of Assignments) of his DA Form 20 shows that his conduct and efficiency were rated as "excellent" or “unknown” for the entire period of qualifying service, and there is no derogatory information in the available records which could be a disqualifying factor 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 1st Cavalry Division, the division was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 10, dated 1968.  It also shows that at the time of the applicant’s assignment to the 2nd Battalion, 8th Cavalry 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 59, dated 1969.  This document also shows that at the time of the applicant’s assignment to the 1st Battalion, 505th Infantry Regiment, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

8.  The applicant’s records show 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 tenure of assignment, the applicant was credited with participating in the Vietnam Counteroffensive campaign, the Vietnam Counteroffensive Phase II campaign, the TET Counteroffensive campaign, and the Vietnam Counteroffensive Phase IV 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 (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 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 against the enemy on 5 April 1968.  Therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

3.  The applicant served 2 years, 11 months, and 22 days of continuous enlisted active duty service from 26 May 1965 to 17 May 1968.  His conduct and efficiency were rated as "excellent" or “unknown” for the entire period of this qualifying 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 26 May 1965 to 17 May 1968, and correction of his military records to show the award of the Good Conduct Medal.

4.  General orders awarded the Meritorious Unit Commendation to the 1st Cavalry Division while the applicant was assigned to this division.  General orders also awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 2nd Battalion, 8th Cavalry Regiment, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 1st Battalion, 505th Infantry Regiment while the applicant was assigned to these units.  Therefore, he is entitled to award of the Meritorious Unit Commendation, 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 two tours 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.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 May 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
16 May 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:

___JA___  ___SF __  ___RV___  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 the award of the Purple Heart;

b.  awarding him the Good Conduct Medal for the period 26 May 1965 to 17 May 1968 while serving as a sergeant;

c.  awarding him the Meritorious Unit Commendation, 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 four bronze service stars to be affixed to his already awarded Vietnam Service Medal.





____James Anderholm______
          CHAIRPERSON




INDEX

CASE ID
AR20060010510
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
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.
107.0095.0000
6.
107.0073.0000 (add bronze service stars)
7.
110.0400.0000