RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060011443 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that he was injured in Vietnam by enemy forces and received a shrapnel wound on the right side of his hip.  He also states that an accidental typographical error occurred.

3.  The applicant provides a copy of his DD Form 214 and a copy of a Standard Form 600 (Chronological Record of Medical Care), in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 28 September 1969, the date of his release from active duty.  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 record shows he entered active duty on 21 February 1967.  The applicant successfully completed basic combat training at Fort Benning, Georgia, and advanced individual training at Fort Rucker, Alabama.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 67A, Aircraft Maintenance Crewman.

4.  He was promoted to pay grade E-4 on 16 December 1967.  He served in Vietnam from 16 July 1967 to 25 September 1969.  He continued to serve until he was released from active duty on 28 September 1969.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 

5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and Republic of Vietnam Campaign Medal with 60 Device.  His DD Form 214 does not show any additional awards.
6.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations). 

7.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

8.  The applicant provided a copy of his SF 600 which shows that he received medical treatment on 19 January 1968, for small particles of shrapnel to his right hip (side), minor wound treated with metholiate and bandage.

9.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.

10.  Army Regulation 600-8-22 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12.  While the applicant was assigned to Vietnam he participated in seven campaigns.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars. 

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders (DAGO) Number 48, dated 1971; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, by DAGO Number 51, dated 1971; and the Meritorious Unit Commendation, by DAGO Number 39, dated 1970; while he was assigned to the unit.  


DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound that he may have received as a result of hostile action.  Therefore, based on the available evidence presented, there is an insufficient basis upon which to approve award of the Purple Heart.

2.  The evidence presented by the applicant shows that he received medical treatment on 19 January 1968, for small particles of shrapnel to his right hip side, minor wound treated with metholiate and bandage.  However, he has provided no evidence to show that the small particles of shrapnel that he received to his right hip side were the result of hostile action.  There also is no evidence to show that an accidental typographical error occurred.  Therefore, he is not entitled to correction of his records to show the award of the Purple Heart.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 21 February 1967 to 28 September 1969 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.

4.  The applicant participated in seven campaigns and is entitled to one silver service star and two bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and the Meritorious Unit Commendation, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show these unit awards.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 September 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 September 1972.  Although the applicant did not file within the ABCMR's 3-year statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__LD____  ___LB___  _TSK___  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 showing that he was awarded the Good Conduct Medal for the period 21 September 1967 to 28 September 1969; the Vietnam Service Medal, with one silver service star and two bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and the Meritorious Unit Commendation.

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
AR20060011443
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19690928
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY//GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.