RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   6 March 2007
	DOCKET NUMBER:  AR20060011373 


	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 he was wounded in action while at a United States Marine Corps (USMC) base in the Republic of Vietnam.

3.  The applicant provides a copy of a letter from the Commanding General, 3rd Marine Division, USMC, dated 8 May 1968, presenting him with the Purple Heart for wounds received on 19 April 1968; and informing him that the Commanding General, United States Army, Vietnam, would issue him a permanent certificate. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 11 February 1969, the date he was honorably discharged.  The application submitted in this case is dated 27 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 23 October 1962, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 94B1O (Cook).  

4.  On 20 February 1964, the applicant was assigned for duty as a cook with the 4th Missile Battalion, 562nd Artillery, in the Federal Republic of Germany.

5.  On 27 November 1964, the applicant reenlisted in the Regular Army for another 4 years. 

6.  On 9 December 1965, the applicant was reassigned for duty as a cook with the United States Army Strategic Communications Command (USASCC) Facility, in the Republic of Vietnam. 
7.  General Orders Number 4, USASCC, dated 13 February 1966, awarded the applicant the Army Good Conduct Medal for the period from 23 October 1962 to 22 October 1965. 

8.  On 2 December 1966, the applicant was returned to the United States for duty as a cook with the 3rd Brigade, United States Army Training Center, Fort Lewis, Washington.

9.  Special Orders Number 109, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 25 April 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

10.  On 12 June 1967, the applicant was reassigned to the Republic of Vietnam for duty as a cook with the III Corps Advisory Group, United States Military Assistance Command-Vietnam.

11.  On 9 January 1968, the applicant was reassigned to the 1st Battalion, 44th Artillery Regiment, for training and reclassification into MOS 13F20 (Fire Support Specialist).

12.  Item 40 (Wounds) of the applicant's Enlisted Qualification Record (DA Form 20) shows that he received a wound to his left hand on 19 April 1968.  

13.  The applicant's name appears on the Republic of Vietnam Casualty Roster, showing that he was treated for a wound received on 19 April 1968.

14.  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.

15.  On 10 June 1968, the applicant was returned to the United States for duty at Fort Ord, California.  He was subsequently discharged from active duty on 
11 February 1969.  He had completed 6 years, 1 month and 4 days of creditable active duty.

16.  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, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart or the Army Good Conduct Medal.

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

18.  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 six campaigns: the Vietnam Defense; the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the TET Counteroffensive, 1968; and the Vietnam Counteroffensive, Phase IV.  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.

19.  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 1st Battalion, 44th Artillery Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Valorous Unit Award.

20.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 
19 April 1968.  The applicant's name appears on the Vietnam Casualty Roster and the Commanding General, 3rd Marine Corps Division, presented him with the Purple Heart for wounds received on 19 April 1968.  Therefore, he should be awarded the Purple Heart.  

2.  General Orders show that the applicant was awarded the Army Good Conduct Medal for the period from 23 October 1962 to 22 October 1965.  Therefore, his records should be corrected to show this award.


3.  Records show that the applicant participated in six campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver service star and one bronze service star to be affixed to his Vietnam Service Medal.  

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

5.  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.

6.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 February 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 February 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 19 April 1968;
	
	b.  deleting from Item 24 of his DD Form 214: "Marksman Badge (Rifle)"; and
	c.  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 Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.


 

__James E. Anderholm_
          CHAIRPERSON




INDEX

CASE ID
AR20060011373
SUFFIX

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

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.