RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060011431 


	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:


Mr. Mark D. Manning

Chairperson

Mr. John T. Meixell

Member

Ms. Qawiy A. 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 correction of his records to show award of the Purple Heart. 

2.  The applicant states, in effect, that he did not receive the Purple Heart for wounds he received on or about 26 January 1971 while serving in Vietnam.  

3.  The applicant provides a Standard Form (SF) 600 (Chronological Record of Medical Care), dated 28 January 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
9 December 1971.  The application submitted in this case is dated 18 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.  The applicant was inducted into the Army on 30 June 1970 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was later awarded MOS 64A (Light Vehicle Driver).

4.  The applicant arrived in Vietnam and was assigned to B Company, 1st Battalion, 5th Cavalry, 1st Cavalry Division on or about 27 December 1970.  He was reassigned to the 15th Supply and Service Battalion (re-designated Detachment 4 (Supply and Transport Company), Headquarters and Headquarters Company 3rd Brigade), 1st Cavalry Division on or about 24 March 1971.  The applicant was reassigned to the Supply and Transport Company, 215th Combat Support Battalion, 3rd Brigade, 1st Cavalry Division on or about 18 July 1971.

5.  A SF 600, dated 28 January 1971, shows that the applicant was treated for a small fragmentation wound with signs of infection.

6.  The applicant departed Vietnam on or about 1 December 1971 after being credited with participating in three campaigns.  On 9 December 1971, he was honorably released from active duty in the rank of Specialist Four (SP4)/E-4 after completing 1 year, 5 months, and 10 days of creditable active service with no time lost.  

7.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 9 December 1971 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, and the Combat Infantryman Badge.

8.  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.  

9.  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.  

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

11.  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.

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 Battalion, 5th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 through February 1970 based on Headquarters, Department of the Army General Orders Number 11, dated 1973.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant submitted a SF 600, dated 28 January 1971 that shows he received a small fragmentation wound while serving in Vietnam.  However, 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 injured as a result of hostile action.  

2.  Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  The applicant was separated in the rank of SP4 with 1 year, 5 months, and 
10 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 30 June 1970 through 9 December 1971 based on completion of a period of qualifying service.

4.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in three campaigns makes him eligible to wear three bronze service stars 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 9 December 1971.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
8 December 1974.  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 

__MDM__  ___JTM     __QAS__  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 him the Army Good Conduct Medal (1st Award) for the period 30 June 1970 through 9 December 1971; and

	b.  by amending his DD Form 214 to show the Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation and three bronze service stars 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




__    Mark D. Manning       _
          CHAIRPERSON



INDEX

CASE ID
AR20060011431
SUFFIX

RECON

DATE BOARDED
21 FEBRUARY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.
107.0094.0000
4.

5.

6.