RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060010603 


	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. Carl W. S. Chun

Director

Mr. W. W. Osborn, Jr.

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Edward E. Montgomery

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 that he be awarded the Purple Heart.

2.  The applicant states that he was wounded by shrapnel during an engagement and told by an officer that he would receive the Purple Heart.  

3.  The applicant provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), two pages of service medical records, and his birth certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 8 November 1968, the date of the discharge.  The application submitted in this case is dated 27 June 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 was inducted on 9 November 1966.  He completed training in military occupational specialty (MOS) 11B1O (Light Weapons Infantryman) and reported for duty in Vietnam with C Company, 2nd Battalion, 12th Cavalry,
1st Cavalry Division on 30 April 1967.  

4.  The service medical records show that he was treated for a shrapnel wound to the left shoulder at the 2nd Battalion, 12th Cavalry Aid Station between 13 May and 19 May 1967.  The medical records do not show the origin of the wound, but neither is there a preliminary line of duty determination.  The applicant's name does not appear on the Vietnam Casualty Roster.

5.  The applicant was promoted to sergeant (E-5) on 23 January 1968.  He returned to the United States on 24 April 1968 and was released from active duty on 8 November 1968 and transferred to the United States Army Reserve Control Group (Annual Training).  His conduct and efficiency ratings were exclusively excellent throughout his brief military career.   

6.  His DD Form 214 at Item 24 (Decorations, Medals, Badges, Commendations, Citations, Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam (RVN) Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Combat Infantryman Badge.

7.  Orders available in his records show he was also awarded the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, the Air Medal, the Army Commendation Medal, and the Bronze Star Medal with "V" Device for heroism in combat on 21 August 1987.  Headquarters 1st Cavalry Division order for this award is dated 21 June 1968; 10 months after the incident. 

8.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Army Regulation 672-5-1, 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.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

10.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following four campaign periods:  the Counteroffensive Phase II, 1 July 1966 – 31 May 1967; the Counteroffensive Phase III, 1 June 1967 - 29 January 1968; the Tet Counteroffensive, 30 January 1968 - 1 April 1968; and the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968.


11.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register-Vietnam) shows that 2nd Battalion, 12th Cavalry was awarded the Presidential Unit Citation for the period 2 January through 12 February 1968, the Valorous Unit Award for the period 1 through 31 October 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

12.  Army Regulation 600-8-4 (Line of Duty Policy, Procedures, and Investigations) provides that only in the event of disease or enemy action may a medical condition be presumed to have occurred in the line on duty.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's medical records show he was treated for a shrapnel wound in May 1968.  Although the medical record does not record the origin of the wound, had there been any indication that it was other than a combat wound, there would have had to be a line of duty determination.  

2.  The preponderance of the evidence shows the applicant was treated for a wound sustained as a result of enemy action in May 1967.  He should be awarded the Purple Heart.

3.  The applicant completed a qualifying period of active duty service for the Good Conduct Medal.  His conduct and proficiency ratings were exclusively excellent and there is no misconduct of record.  He should be awarded the Good Conduct Medal.     

4.  Available orders show he was awarded the Bronze Star Medal with "V" Device, the Air Medal, the Army Commendation Medal, and the Expert Marksmanship Qualification Badge with Rifle and Pistol Bars that are not shown on his DD Form 214.  They should be added to that document.

5.  He is also authorized four rather than three bronze service stars for wear on the Vietnam Service Medal, the Presidential Unit Citation, the Valorous Unit Award, and the RVN Gallantry Cross with Palm Unit Citation.  They should also be shown on his DD Form 214. 

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 November 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
7 November 1971.  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:

__JEA __  __JLP___  __EEM__  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.  awarding him the Purple Heart for a wound sustained as a result of hostile action in May 1967;

b.  awarding him the Good Conduct Medal; and 

c.  showing that his authorized awards consist of the Bronze Star Medal with "V" Device, Purple Heart, Air Medal, Army Commendation Medal, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with four bronze service stars, RVN Campaign Medal with "1960-" device,  Presidential Unit Citation, Valorous Unit Award, RVN Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge,  Expert Marksmanship Qualification Badge with Rifle and Pistol Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.




__    James E. Anderholm_____
          CHAIRPERSON




INDEX

CASE ID
AR20060010603
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.