RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2007
	DOCKET NUMBER:  AR20060011190 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Marla J. N. Troup

Chairperson

Mr. John G. Heck

Member

Mr. Donald L. Lewy

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 correction of his records to show award of the Purple Heart.

2.  The applicant states, in effect, that under military guidelines his injury qualifies him for award of the Purple Heart.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 18 July 1968; a DA Form 1577 (Authorization for Issuance of Awards), dated 28 September 1985; two newspaper articles; a National Archives Form 13504 (Request for More Information), dated 7 March 1988; a Witness Statement from a former fellow Soldier, dated 4 March 2006; and a Department of Veterans Affairs Rating Decision, dated 20 August 2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 18 July 1968.  The application submitted in this case is dated 7 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 into the Army on 1 August 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 12B (Combat Engineer).

4.  The applicant arrived in Vietnam and was assigned to B Company, 1st Engineer Battalion, 1st Infantry Division on or about 28 July 1967.  He departed Vietnam on or about 15 July 1968 after being credited with participating in five campaigns.

5.  On 18 July 1968, the applicant was honorably released from active duty in the rank of Specialist Five (SP5)/E-5 after completing 1 year, 11 months, and 
18 days of creditable active service with no time lost.  

6.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze Star Medal, and the Army Commendation Medal.

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam Casualty Roster.  

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart.  

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

10.  The applicant's Army Medical Treatment Records are unavailable.  

11.  The applicant submitted a witness statement from a former fellow Soldier assigned to his unit, dated 4 March 2006.  The author stated, in effect, that he was with the applicant when their unit was on a mine sweep Vietnam.  During the sweep, a tank was hit by enemy rocket fire and the applicant was wounded in his right shoulder.  When the unit returned to the base camp the applicant was treated for a small cut to his shoulder.  The author concluded that to the best of his recollection the event took place.

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 672-5-1 (Military Awards), 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.
14.  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 Engineer Battalion, it was cited for award of the Meritorious Unit Commendation for the period 16 May 1968 through 2 June 1968 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Engineer Battalion it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 
1965 through 16 October 1968 by Department of the Army General Orders Number 21, dated 1969.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the B Company, 1st Engineer Battalion it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 by Department of the Army General Orders Number 53, dated 1970.

17.  Army Regulation 600-8-22 provides, in pertinent part, for 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.  A silver service star is worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The witness statement submitted by the applicant from a former fellow Soldier confirms the witness being with the applicant on the day he was wounded.  Unfortunately, there are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence that shows he was wounded or treated for wounds as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient basis for award of the Purple Heart in this case.

3.  The applicant was separated in the rank of Specialist Five with 1 year, 
11 months, and 18 days of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal, 1st Award, for the period 1 August 1966 through 18 July 
1968 based on completion of a period of qualifying service. 
4.  The applicant was assigned to a unit during a period of time it was awarded 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.  His participation in five campaigns makes him eligible to wear one silver service star to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 July 1968.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
17 July 1971.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MJT   _  __JGH __  ___DLL _  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:

	a.  by awarding the applicant the Army Good Conduct Medal, 1st Award, for the period 1 August 1966 through 18 July 1968; and

	b.  by amending his DD Form 214 to add the Army Good Conduct Medal, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver service star to be worn 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.




_____ Ms. Marla J. N. Troup __
          CHAIRPERSON




INDEX

CASE ID
AR20060011190
SUFFIX

RECON

DATE BOARDED
21 FEBRUARY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.
107.0057.0000
3.
107.0034.0000
4.
107.0095.0000
5.
107.0094.0000
6.