RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060011359 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states that the Purple Heart is not listed on his DD form 214.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 April 1969, the date of his release from active duty.  The application submitted in this case is dated 25 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.  On 4 April 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman). 

4.  Special Orders Number 115, 3rd Training Brigade, Fort Jackson, South Carolina, dated 15 July 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.

5.  On 12 August 1967, the applicant was reassigned for duty as an infantryman with the 3rd Battalion, 22nd Infantry Regiment, in the Republic of Vietnam. 

6.  Item 40 (Wounds) of the applicant's Enlisted Qualification Record (DA Form 20) shows that he received a wound to his right foot on 22 December 1967.  

7.  The applicant's name appears on the Republic of Vietnam Casualty Roster, showing that he was treated for a wound received on 22 December 1967.

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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

9.  On 3 September 1968, the applicant was returned to the United States for duty at Fort Hood, Texas.  He was subsequently released from active duty on 
3 April 1969.  He had completed 2 years of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal with "V" Device, Combat Infantryman Badge, Vietnam Service Medal with two bronze service stars, Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Campaign Medal.  It does not show award of the Purple Heart or the Army Good Conduct Medal.

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12. Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

13.  Army Regulation 672-5-1, in effect at the time, provides that the Army 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.  

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaigns: the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the TET Counteroffensive, 1968; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This 
same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 3rd Battalion, 22nd Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. 

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, his service personnel records show that he was wounded on 
22 December 1967.  Also, the applicant's name appears on the Vietnam Casualty Roster.  Therefore, he should be awarded the Purple Heart.  

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  General Orders show that the applicant's unit was awarded the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

4.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Records show that the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

6.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his records should be corrected to show this award.



7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 April 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
2 April 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__JEA __  __RSV__  __SWF__  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 wounds received on 22 December 1967; and the Army Good Conduct Medal for the period from 4 April 1967 to 
3 April 1969; and

	b. showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart; the Valorous Unit Award; the Army Good Conduct Medal; the Marksman Marksmanship Qualification Badge with Machinegun Bar; 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 affixed to his already-awarded Vietnam Service Medal.




_     James E. Anderholm_________
          CHAIRPERSON


INDEX

CASE ID
AR20060011359
SUFFIX

RECON
 
DATE BOARDED
20070306 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.