RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060011409 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergguist

Member

Ms. LaVerne M. Douglas

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, a second award of the Purple Heart.

2.  The applicant states, in effect, that while on a patrol in Vietnam with his unit, they encountered sniper fire.  The applicant also states that the men in his unit immediately scattered to get off the path they were on and, as he dove for cover, he pierced his right knee on a punji stick that had been placed along the side of the path.  The applicant adds that the injury later became infected and he was hospitalized for treatment of the injury.  The applicant further states, in effect, that the Department of Veterans Affairs has noted this injury in their Compensation and Pension Exam Report findings.

3.  The applicant provides copies of his Department of Veterans Affairs (VA), Minneapolis VA Medical Center, Compensation and Pension Exam Reports, dated 12 December 2002, subject:  Genitourinary Examination and Initial Evaluation for Post-Traumatic Stress Disorder (PTSD) Examination.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
8 September 1967, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 4 August 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 service records show that he was inducted into the U.S. Army on 6 December 1965.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service records show that he was assigned to Company C, 3rd Battalion, 12th Infantry, 4th Infantry Division in Vietnam from
13 September 1966 through 5 September 1967.  He was honorably REFRAD on 8 September 1967 after completing a total of 1 year, 9 months, and 3 days of active service.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 13 September 1966 through 7 September 1967.  Item 39 (Campaigns) of this document shows that he participated in the Vietnam Counteroffensive Phase II campaign.

6.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that shows he sustained a shrapnel wound to his right shoulder on 23 January 1967.

7.  Item 41 (Awards and Decorations) of the DA Form 20 shows that the applicant was awarded the Purple Heart, Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars. Item 41 also shows, in pertinent part, that the Purple Heart was awarded under authority of Headquarters, 1st Brigade, 4th Infantry Division (Vietnam), General Orders Number 51 (1967).

8.  The applicant's military service records contain a copy of Headquarters,
1st Brigade, 4th Infantry Division (Vietnam), General Orders Number 51, dated 19 March 1967, which shows he was awarded the Purple Heart for wounds received in action on 23 January 1967.

9.  There are no orders in the applicant’s military service records which show that he was authorized a second award of the Purple Heart.

10.  The applicant's name is listed on The Adjutant General, Casualty Division's Vietnam Casualty Roster as having been wounded in action in Vietnam on
23 January 1967.

11.  The applicant's military service records contain a Standard Form (SF) 89 (Report of Medical History), dated 8 September 1967, that was completed by the applicant at the time of his medical examination prior to his REFRAD.  The SF 89 is absent any annotation made by the applicant that indicates he was wounded or injured while serving in Vietnam.  However, Item 39 (Physician's Summary and Explanation of All Pertinent Data) contains, in pertinent part, the note "July - 'Jungle rot' legs - clearing" and "frag wound - Jan 67 - L shoulder" (i.e., fragment wound sustained in January 1967 to left shoulder).

12.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued at the time of his REFRAD, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Purple Heart, Combat Infantryman Badge, National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal.

13.  In support of his application, the applicant provides copies of his Department of VA, Compensation and Pension Exam Reports.  The report shows, in pertinent part, the diagnoses of "1.  Fragment wound to left shoulder with scar residual.
2.  Punji stick wound to the right leg with subsequent infection and incision and drainage with scar residual."  The physical examination portion of the report states, in pertinent part, "2.  Right knee area:  In examining the right knee area I am unable to find the punji stick hole and the veteran is unable to find it too." 

14.  A review of the applicant's records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

15.  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.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following campaigns:  Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.

17.  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 Company C, 3rd Battalion, 12th Infantry (Vietnam), the unit was cited for award of the Presidential Unit Citation by Headquarters, Department of the Army, General Orders Number 69 (1969).

18.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to Company C, 3rd Battalion, 12th Infantry (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 3 (1970).  This document further shows that, at the time of the applicant's assignment, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 53 (1970).

19.  The applicant's military service records contain a copy of Headquarters,
4th Infantry Division, Fort Lewis, Washington, Special Orders Number 194, Paragraph 33, dated 5 August 1966, which show that he was awarded the Expert Marksmanship Qualification Badge with Grenade Bar.

20.  The applicant's military service records contain a copy of Headquarters,
4th Infantry Division, Fort Lewis, Washington, Special Orders Number 47, dated 19 February 1966, which show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

21.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  This Army regulation also provides that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Purple Heart.  There is no statute of limitations governing requests for award of the Purple Heart.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary 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.  

23.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.


24.  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.

25.  Army Regulation 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual. 

26.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

27.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

28.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government as a unit award for meritorious service.

29.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

30.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to a second award of the Purple Heart because he pierced his right knee on a punji stick when he dove for cover when his unit encountered sniper fire while on patrol in Vietnam.  In support of his claim the applicant provides copies of his Department of VA, Compensation and Pension Exam Reports that, in pertinent part, document a diagnosis of a punji stick wound to his right leg.  However, this is insufficient evidence to support the applicant's claim to a second award of the Purple Heart.

2.  The evidence of record shows that the applicant sustained a fragment wound to his left shoulder in Vietnam as a result of hostile action on 23 January 1967.  The evidence of record also shows that General Orders awarded the applicant the Purple Heart for wounds received in action on 23 January 1967.

3.  The evidence of record shows that at the time of his release from active duty, the applicant documented his medical history (in his own hand).  While the applicant did not document any wounds or injuries at that time, the examining physician documented the fact that the applicant had sustained a fragment wound to his left shoulder in January 1967.  The applicant's military service records contain no evidence, nor do casualty reports for the Vietnam Conflict document that the applicant sustained an injury to his right knee from a punji stick while serving in Vietnam.  Moreover, there are no General Orders that show the applicant was awarded a second Purple Heart (i.e., Purple Heart (1st Oak Leaf Cluster)).  Therefore, in the absence of documentary evidence that the applicant was wounded in Vietnam on a second occasion as a result of hostile action; that the wound required treatment; and the medical treatment was made a matter of official record, there is insufficient evidence to support a second award of the Purple Heart in this case.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 6 December 1965 through 8 September 1967 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  Records show that the applicant served in two campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 2 bronze service stars to be affixed to his already-awarded Vietnam Service Medal.
6.  General Orders awarded the applicant's unit the Presidential Unit Citation. Therefore, it would be appropriate to correct his records to show this unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show these two qualification badges.

10.  Records show that the applicant served a total of 12 months in Vietnam.  Therefore, he is entitled to correction of his records to show the award of
2 Overseas Service Bars.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 September 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
7 September 1970.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case. Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TSK___  ___LCB_  __LMD __  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 the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 6 December 1965 through
8 September 1967;

	b.  correcting his DD Form 214 to delete the Vietnam Service Medal;

	c.  correcting his DD Form 214 to add the Good Conduct Medal, Vietnam Service Medal with 2 bronze service stars, Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.

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.




_____Ted S. Kanamine_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011409
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/02/27
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670908
DISCHARGE AUTHORITY
AR 635-200, chapter 5, Section VII
DISCHARGE REASON
Overseas Returnee - REFRAD
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.

4.

5.

6.