RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060012066 


	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 J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

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 his records do not show award of the Purple Heart and of him being hospitalized in Vietnam for injuries he received from a mortar attack.  

3.  The applicant indicated that he was interviewed by channel 9 of Wausau, Wisconsin about his service in Vietnam.  He provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
3 March 1967.  The application submitted in this case is dated 6 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 27 May 1965 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty (MOS) 56C (Petroleum Storage Specialist).  He was later awarded MOS 63B (Wheel Vehicle Mechanic).

4.  The applicant arrived in Vietnam and was assigned to the 197th Aviation Company (later redesignated the 334th Aviation Company) on or about 
23 October 1965.  He departed Vietnam on or about 28 February 1967 after being credited with participating in three campaigns.

5.  On 3 March 1967, the applicant was honorably released from active duty in the rank of Sergeant (SGT)/E-5 after completing 1 year, 9 months, and 
7 days of creditable active service with no time lost.  

6.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge (M-14).

7.  Headquarters, 1st Aviation Brigade General Orders Number 1185, dated 
7 April 1967, show that the applicant was awarded the Bronze Star Medal for meritorious service during the period March 1966 through February 1967.

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.  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.

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

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 197th Aviation Company, it was cited for award of the Meritorious Unit Commendation for the period May 1965 through November 1965 based on Headquarters, Department of the Army General Orders Number 40, dated 1966.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 334th Aviation Company it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
1 March 1966 through 26 March 1967 by Department of the Army General Orders Number 22, dated 1968.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 334th Aviation Company it was awarded the Meritorious Unit Commendation for the period 1 January 1967 through 
31 December 1967 by Department of the Army General Orders Number 48, dated 1968.

17.  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.  A silver service star is worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  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 wounded or treated for wounds as a result of hostile action.

2.  In the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action, there is insufficient basis for award of the Purple Heart in this case.  

3.  The applicant was separated in the rank of Sergeant with 1 year, 9 months, and 7 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 27 May 1965 through 3 March 1967 based on completion of a period of qualifying service.

4.  Evidence of record shows that the applicant was awarded the Bronze Star Medal.  He was also assigned to a unit during a period of time it was awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add these awards.

5.  The applicant’s participation in three campaigns entitles him to three bronze service stars to be worn on his Vietnam Service Medal

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 March 1967.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
2 March 1970.  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 

__LE   __  __LMB __  __MJF __  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 the applicant the Army Good Conduct Medal, 1st Award, for the period 27 May 1965 through 3 March 1967; and

	b.  by amending his DD Form 214 to add the Army Good Conduct Medal, the Bronze Star Medal, the Meritorious Unit Commendation, the 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.  




_____Lester Echols____                                                      CHAIRPERSON




INDEX

CASE ID
AR20060012066
SUFFIX

RECON

DATE BOARDED
29 MARCH 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.