RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060012273 


	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. W. W. Osborn, Jr.

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan A. Powers 

Member

Mr. 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 that he be awarded the Purple Heart for a wound sustained in Vietnam.

2.  The applicant states that he was on an armored vehicle when they were ambushed.  He was firing his M16 rifle when he was struck on the thumb either by a bullet or by a shrapnel fragment.  He was treated by a doctor when he returned to the base but the incident never got recorded in his medical records.

3.  The applicant provides statements from his platoon sergeant and a fellow crew member.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 20 January 1971, the date of his separation from active duty.  The application submitted in this case is dated 18 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 was inducted on 21 January 1969, completed training as a cavalry scout observer in military occupational specialty (MOS) 11D and was transferred to Vietnam on 5 July 1968.  He was assigned to A Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division.

4.  Orders in his military records show he was awarded the Army Commendation Medal, Combat Infantryman Badge, Expert Marksman Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machinegun Bars.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) lists his authorized awards as the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam 

Cross of Gallantry with Palm, Republic of Vietnam Campaign Medal with 1960 Device, Sharpshooter Marksmanship Qualification Badge (M-14 and M-16) and the Expert Marksmanship Qualification Badge (Grenade).  Item 40 (Wounds) is blank.  Item 38 (Record of Assignments) shows that his conduct and efficiency ratings were exclusively excellent throughout his brief military career.     

6.  Neither the medical history which he submitted for his 11 December 1970 separation medical examination nor the examining physician's report make any reference to his having been wounded in action.    

7.  The applicant was separated on 20 January 1971 and transferred to the United States Army Reserve as a sergeant.  The awards listed on his DD Form 214 consist of the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Cross of Gallantry with Palm, Republic of Vietnam Campaign Medal with 1960 Device, Sharpshooter Marksmanship Qualification Badge (M-14 and M-16) and the Expert Marksmanship Qualification Badge (Grenade).

8.  None of the applicant's available records indicate that he was treated for a combat wound and his name does not appear on the Vietnam Casualty Roster.  

9.  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 by a medical officer, and the medical treatment must have been made a matter of official record.

10.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

11.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each designated campaign period listed in Appendix B of the regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal.  A silver service star is authorized in lieu of five bronze service stars.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam 
Service Medal.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he served during the following three campaign periods:  the Vietnam Summer-Fall 1969, 9 June 1969 - 31 October 1969; the Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive, 
1 May 1970 - 30 June 1970.

12.  The applicant's former platoon sergeant writes that he remembers the incident in which the applicant was hit in the hand.  He never knew if it was a bullet or a piece of shrapnel.

13.  A fellow Soldier reports that he was beside the applicant, returning fire when the applicant cried out that he was hit.  The track commander told him to get the first aide kit.  Shortly thereafter the applicant "was removed from the immediate area for further attention."  In another statement he wrote more succinctly that the applicant, "was treated on site and then evacuated for further attention."   

DISCUSSION AND CONCLUSIONS:

1.   There is no available official record to show that the applicant was treated for a wound sustained while in action against the enemy of as a result of enemy action.   

2.  The statements of fellow Soldiers are insufficient as the sole basis for award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.      

3. The applicant’s record contains orders awarding him the Army Commendation Medal that is not shown on his DD Form 214.  This awards should be shown on his DD Form 214.

4.  He distinguished himself by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service as evidenced by his conduct and efficiency ratings, his promotion to sergeant and his combat awards.  He should be awarded the Good Conduct Medal and it should be shown on his DD Form 214.

5.  The applicant is authorized three bronze service stars for wear on the Vietnam Service Medal and they should be shown on his DD Form 214.  

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 20 January 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
19 January 1974.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__QAS__  __SAP __  __JPI____  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 him the Good Conduct Medal for the period 3 February 1970 through 3 September 1971; and 

b.  showing that, in addition to the awards currently listed on his DD Form 214, he is also authorized the Army Commendation Medal and Good Conduct Medal and three bronze service stars for wear on the 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.  




__      John P. Infante______
          CHAIRPERSON


INDEX

CASE ID
AR20060012273
SUFFIX

RECON

DATE BOARDED
20060403
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
  
DISCHARGE REASON

BOARD DECISION
GRANT PART
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.