RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060010802 


	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

Ms. Stephanie Thompkins

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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, award of the Purple Heart.   

2.  The applicant states, in effect, the Purple Heart award is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a DD Form 215 (Correction to DD Form 214) should be issued.  He was wounded in combat in the head on 4 March 1968 in Vietnam. 

3.  The applicant provides a copy of his DD Form 214; a letter from the National Archives and Records Administration (NARA), College Park, Maryland; and pages from The Adjutant General's Center (TAGCEN) Casualty Information System (1961-1981), in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 August 1968, the date of his separation from active duty.  The application submitted in this case is dated 20 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 he was inducted into the Army of the United States, in pay grade E-1, on 10 October 1966.  He completed basic and advanced individual training and was assigned military occupational specialty 11B, light weapons infantryman.  

4.  His records show that he served in the Republic of Vietnam from 6 October 1967 through 14 December 1967 with Company B, 1st Battalion, 52nd Infantry, 198th Infantry Brigade; from 15 December 1967 through 19 December 1967 with Headquarters and Headquarters Company, 23rd Infantry Division; from 20 December 1967 through 12 April 1968 with Company E, 51st Infantry (Long Range Reconnaissance Patrol); from 13 April 1968 through 9 May 1968 with Company B, 1st Battalion, 52nd Infantry, 198th Infantry Brigade; and from 10 May 1968 through 30 August 1968 with Headquarters and Headquarters Company, 1st Battalion, 20th Infantry, 11th Infantry Brigade, for four campaigns.
5.  The applicant's records contain Special Orders Number 81, dated 11 April 1967, that show he was awarded the Expert Qualification Badge with Pistol Bar and Special Orders Number 87, dated 18 April 1967, that show he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  

6.  The applicant's records also contain General Orders Number 3997, dated 10 July 1968, that show he was awarded the Bronze Star Medal for meritorious achievement in Vietnam on 14 May 1968.

7.  He was released from active duty, in pay grade E-4, on 27 August 1968, and transferred to the United States Army Reserve (USAR).

8.  Entries on his DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal, the Sharpshooters Marksmanship Qualification Badge with Rifle Bar 
(M-16), and one Overseas Service Bar.  The Purple Heart, the Bronze Star Medal, the Expert Qualification Badge with Pistol Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the four bronze service stars are not listed.  

9.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that show he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 (Enlisted Qualification Record) does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  

10.  The applicant's record contain a Citation and General Orders Number 7842, dated 8 October 1968, awarding him the Army Commendation Medal for meritorious service for the period December 1967 to August 1968.  This award was not listed on his DD Form 214.

11.  There is no indication in the applicant's service records that show he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.

12.  He was discharged from the USAR for Expiration of Term of Service on 
9 October 1972.

13.  The applicant provided a letter from NARA, dated 16 June 2006 that advised him a search of their restricted version of the Army TAGCEN Casualty Information System, found a record showing he was wounded as a result of hostile action on 4 March 1968 in Vietnam.  The letter also stated that the TAGCEN database contains information on casualties (deceased and wounded) of US Army personnel and their dependents, worldwide, during the period 
1961-1981.  

14.   The TAGCEN Casualty Information System, 1961-1981, shows the applicant was wounded as a result of hostile action on 4 March 1968 in Vietnam.

15.  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, and the medical treatment must have been made a matter of official record.  The regulation also states that the Purple Heart is not governed by the statute of limitations.

16.  Army Regulation 600-8-22 (Military Awards) provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

17.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the 11th Infantry Brigade, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Order Number 43, dated 1970. 

18.  Army Regulation 600-8-22, in pertinent part, provides that the Army 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.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

19.  Army Regulation 600-8-22 provides the Army policy on awards.  It provides, in pertinent part, that bronze service stars are authorized for wear on the Vietnam Service Medal to denote a Soldier's campaign participation.


DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to award of the Purple Heart.  The evidence of record shows that he was wounded in action in Vietnam on 4 March 1968, as a result of hostile action, and made a matter of official record.  

2.  The evidence also shows the applicant was awarded the Army Commendation Medal for meritorious service and the Bronze Star Medal for meritorious achievement in Vietnam and his records should be corrected accordingly.  His records also show he was awarded the Expert Marksmanship Qualification Badge with Pistol Bar and the Marksman Marksmanship Qualification Badge with Rifle Bar, which are not listed on his DD Form 214.

3.  The evidence further shows that based on his service in Vietnam, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and award of four bronze service stars to be affixed to his Vietnam Service Medal.  These awards are not shown on the applicant's DD Form 214.

4.  The evidence also shows that the applicant completed a qualifying period of service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the Army Good Conduct Medal for the period 10 October 1966 to 27 August 1968.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 August 1968, date of his separation from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 August 1971.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.

BOARD VOTE:

___r____  __EM____  ___WFC_  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 showing award of the Purple Heart for wounds received as a result of enemy action in the Republic of Vietnam on 4 March 1968; the Army Commendation Medal, the Bronze Star Medal, the Expert Marksmanship Qualification Badge with Pistol Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, four bronze service stars for his Vietnam Service Medal, and the Army Good Conduct Medal; by adding them to the list of awards contained on his DD Form 214; and by providing him a correction to his separation document that includes these awards.  




_____William F. Crain_____
          CHAIRPERSON




INDEX

CASE ID
AR20060010802
SUFFIX

RECON

DATE BOARDED
20070308
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANY PLUS 
REVIEW AUTHORITY

ISSUES         1.
107.00
2.
107.15
3.

4.

5.

6.