RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2007
	DOCKET NUMBER:  AR20060011934 


	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.


	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 his Purple Heart, awarded on 25 March 1968, and his Army Commendation Medal be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 April 1968.

2.  The applicant states, in effect, these awards were not included on his 
DD Form 214.

3.  The applicant provides copies of the certificates for the Purple Heart and the Army Commendation and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
5 April 1968, the date of his release from active duty.  The application submitted in this case is dated 14 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 records show he was inducted on 11 May 1966.  

4.  The applicant was assigned to the 589th Engineer Battalion in Vietnam during the period from 11 April 1967 to 10 December 1967.  While in Vietnam, the applicant was also assigned to the 39th Engineer Battalion, from 11 December 1967 to 13 December 1967, and to the 26th Engineer Battalion from 
14 December 1967 to 2 April 1968.

5.  Headquarters Americal Division General Orders Number 1974, dated 16 April 1968, awarded the applicant the Army Commendation Medal for meritorious service during the period from April 1967 to April 1968.

6.  On 5 April 1968, the applicant was released from active duty as an overseas returnee.  He had completed 1 year, 10 months, and 25 days of active service that was characterized as honorable.
7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the award of the Purple Heart or the Army Commendation Medal.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating that the applicant received any wounds.  

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart or the Army Commendation Medal.

10.  The applicant’s military service records do not contain orders for the award of the Purple Heart.

11.  On the Vietnam Casualty List the applicant is listed as a casualty due to hostile action, not serious enough for hospitalization.  The list shows 25 March 1968 as the date of casualty.

12.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

13.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

14.  The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.

15.  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 589th Engineer Battalion, the unit received the Meritorious Unit Commendation (Army) for the period 29 April - 31 December 1967, based on Department of the Army General Order Number 43, dated 1968.

16.  Department of the Army Pamphlet 672-3 also shows that all units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

17.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967); the Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968); and the Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968).

18.  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.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

19.  Army Regulation 600-8-22 states, in pertinent part, that the Army 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.  After 27 June 1950, to the present time, the current standard for award of the Army 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 Army Good Conduct Medal, disqualification must be justified.  

20.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  Based on the preponderance of evidence in this case it is reasonable to conclude that the applicant was wounded as a result of hostile action.  Therefore, there is sufficient evidence upon which to base award of the Purple Heart in this case.

2.  The applicant is entitled to the Army Commendation Medal.


3.  In the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 11 May 1966 to 5 April 1968 ending with termination of a period of Federal military service.

4.  Based on the applicant's service with 589th Engineer Battalion he is entitled to the Meritorious Unit Commendation (Army).

5.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

6.  The applicant served in Vietnam during the period all units assigned in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 April 1968, the date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 April 1971.  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 time limitation on requests for award of the Purple Heart.

BOARD VOTE:

___dkh__  ___lmd___  ___kan__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is appropriate to waive failure to timely file in this case.


2.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of:

	a.  the Purple Heart for wounds received on 25 March 1968 in the Republic of Vietnam;

	b.  the Army Commendation Medal;

		c.  the Army Good Conduct Medal for the period of service from
11 May 1966 to 5 April 1968;

	d.  the Meritorious Unit Commendation (Army):
	
e.  three bronze service stars to be worn on his Vietnam Service Medal; and

	f.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




_________Kathleen A. Newman__________
          CHAIRPERSON




INDEX

CASE ID
AR20060011934
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070320
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.