RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060011137 


	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

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Mark Manning

Chairperson

Mr. John Meixell

Member

Mr. Qawiy Sabree

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 award of the Purple Heart.

2.  The applicant states that he was not presented the Purple Heart after being wounded in Vietnam.  He contends that he was hit by shrapnel during a fire fight and that he is still carrying a piece of grenade shrapnel in the lower portion of his right facial cheek.  He states that at the time he did not realize he had been wounded and that he thought he had received a cut during the heat of the battle. The shrapnel’s existence was first discovered in a routine dental checkup after his discharge. 

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge); a DA Form 20 (Enlisted Qualification Record); a Vietnam autobiography; numerous photographs of Vietnam; dental x-rays; numerous service personnel records; and a letter, dated 26 July 2006, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
5 November 1971.  The application submitted in this case is dated 25 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 enlisted on 5 December 1968 for a period of 3 years.  He arrived in Vietnam on 5 November 1969.  He served as an infantryman assigned to Company B, 4th Battalion, 503rd Infantry in Vietnam from 11 November 1969 through 21 October 1970.  On 5 November 1971, the applicant was released from active duty in the rank of sergeant after completing 2 years, 11 months, and 1 day of creditable active service with no time lost.  

4.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Army Commendation Medal, the Bronze Star Medal, and the Parachute Badge as authorized awards.    
5.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

6.  The applicant's DA Form 20 does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

7.  Headquarters, 173d Airborne Brigade General Orders Number 2865, dated 
28 October 1970, show the applicant received the Air Medal.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

9.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

10.  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 the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.

12.  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.  

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device 1960.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam 
for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  

14.  Army Regulation 672-5-1, in effect at the time, 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" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action in Vietnam.  Therefore, there is insufficient evidence on which to base an award of the Purple Heart in this case.  

2.  Orders show the applicant received the Air Medal.

3.  Based on the applicant’s service in Vietnam, he is entitled to award of the Republic of Vietnam Campaign Medal with Device 1960. 

4.  The applicant was separated in the rank of sergeant with almost 3 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 5 December 1968 through 5 November 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

5.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

7.  Records show the applicant should have discovered the alleged error now under consideration on 5 November 1971; therefore, the time for the applicant to file a request for correction of any error expired on 4 November 1974.  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 fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

MM____  _JM_____  __QS____  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 first award of the Good Conduct Medal for the period 5 December 1968 through 5 November 1971; and 

	b. amending his DD Form 214 to add the Good Conduct Medal, the Air Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on 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 award of the Purple Heart.




__Mark Manning________
          CHAIRPERSON




INDEX

CASE ID
AR20060011137
SUFFIX

RECON

DATE BOARDED
20070222
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.