RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 April 2007
	DOCKET NUMBER:  AR20060010681 


	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. Edmund P. Mercanti

Analyst

The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Mr. David K. Haasenritter

Member

Mr. John G. Heck

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 two awards of the Purple Heart (PH), the Air Medal (AM), and three awards of the Army Good Conduct Medal (AGCM).

2.  The applicant states he was wounded twice in Vietnam.  He was wounded when he stepped on an enemy trap, and was wounded a second time by shrapnel to his forehead as a result of an enemy mortar barrage.

3.  The applicant states that he was on active duty a few days short of 9 years and never received an AGCM to his knowledge.  He adds that he had enough flight hours to be awarded the AM.

4.  The applicant provides a copy of his separation document for the period ending 8 February 1967, medical treatment records which show that he was treated for “3 deep nail punctures left foot” on 24 August 1968, a Presidential Certificate of Appreciation, and two honorable discharge certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 8 February 1973.  The application submitted in this case is dated 18 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 enlisted on 29 February 1964, was awarded the military occupational specialty of ordnance supply and parts specialist, and was promoted to pay grade E-5.  During that enlistment the applicant accepted nonjudicial punishment (NJP) twice:  once for being absent without leave (AWOL) from 5 to 7 July 1964, and once for hitting a private on the face with his fist.

4.  The applicant immediately reenlisted on 9 February 1967.  The DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, does not show that the applicant was awarded the AGCM.
5.  The applicant served as an ordnance supply specialist in a signal battalion in an air mobile division in Vietnam from 23 October 1967 to 22 October 1968.

6.  The applicant accepted NJP on 28 March 1968 for being drunk and disorderly by causing the accidental discharge of a weapon.

7.  The applicant’s DA Form 20, Enlisted Qualification Record, Item 41, Awards and Decorations, shows that the applicant was awarded the AGCM on 28 February 1967 by Special Orders 77, 1st Armored Division, Fort Hood, Texas.

8.  Item 40 of the applicant’s DA Form 20, Wounds, is blank.

9.  The applicant completed his reenlistment and was honorably discharged on 8 February 1973.  The DD Form 214 he was given for that period of service shows that he served 6 years during that reenlistment, and had 2 years, 11 months, and 11 days of prior service.  This DD Form 214 does not show award of the Purple Heart, the AM, or the AGCM.

10.  The Vietnam Casualty List does not contain the applicant’s name.

11.  Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

13.  USARV Regulation 672-1 also provided guidelines for award of the AM.  It defined the departure point for the award of the Air Medal based on sustained operations as 25 Category I missions and a minimum of 25 hours of flight time engaged in Category I missions (air assault and equally dangerous missions; 50 Category II missions and has accrued a minimum of 50 hours of flight time engaged in Category II missions (support rendered a friendly force immediately before, during or following a combat operation); or 100 Category III missions and a minimum of 100 hours of flight time engaged in Category III missions (support 
of friendly forces not connected with an immediate combat operation but which must be accomplished at altitudes which make the aircraft at times vulnerable to small arms fire, or an operation conducted under hazardous weather or terrain conditions).  However, the regulation was clear that these guidelines were considered only a departure point.  Nothing created an entitlement to the award.  To the contrary, the award was limited to individuals whose accomplishments and service for the entire group of missions must reflect meritorious performance throughout, with no instance of non-professionalism, mediocrity, or failure to display an offensive spirit.  The individual must not have caused, either directly or indirectly, an aircraft abort, late take-off, accident or incident.  The individual must have continuously demonstrated a high degree of air discipline.  And the individual’s performance of duty must have been clearly exceptional in every respect during the period for which recommended.  There was no provision for making the award simply because an aircraft was struck by enemy fire.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

15.  Army Regulation 600-8-22 (Military Awards) provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant has submitted documentation to show that he was treated for multiple puncture wounds to his foot, there is no evidence or indication that the puncture wounds were due to an enemy trap.  The puncture wounds could have just as easily been caused by him stepping on an open crate at his unit compound.

2.  There is no evidence to show the applicant suffered a shrapnel wound.
3.  As such, there is insufficient evidence in which to award the applicant the PH.

4.  There are no flight records or other evidence to show the applicant accumulated the required flight hours or flew on the required numbered of missions to be awarded the AM.  As such, there is no basis for award of the AM.

5.  As for the AGCM, the applicant was awarded the first award of the AGCM on 28 February 1967 by Special Orders 77, 1st Armored Division, Fort Hood, Texas.  As such, he is entitled to have his records corrected to include that award.

6.  The applicant’s second 3-year AGCM qualifying period was from 29 February 1967 to 28 February 1970.  During that period the applicant accepted NJP on 28 March 1968 for being drunk and disorderly by causing the accidental discharge of a weapon.  As such, it must be presumed that the applicant’s commander disqualified the applicant even though that disqualification is not a matter of record.  The period 29 February 1970 to the date of the applicant’s discharge, 8 February 1973, was not 3 years.  As such, that period didn’t qualify the applicant for the AGCM.  Therefore, there is no basis for awarding the applicant a second or third award of the AGCM.

7.  However, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 February 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 February 1976.  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:

________  ________  ________  GRANT FULL RELIEF 

____jns__  ___dkh__  ___jgh__  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 showing he was awarded the AGCM for the period 29 February 1964 to 28 February 1967, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 individual concerned two awards of the PH, the AM, and two additional awards of the AGCM.  




__________John N. Slone_________
          CHAIRPERSON




INDEX

CASE ID
AR20060010681
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070419
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

ISSUES         1.

2.

3.

4.

5.

6.