RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2006
	DOCKET NUMBER:  AR20060012374 


	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 award of the Bronze Star Medal and the Purple Heart. He also requests correction of his last name.  

2.  The applicant states that he was on guard duty outside the perimeter of his base camp in Vietnam.  The base camp came under attack near Chu Lai shortly before Christmas 1968.  The guy on guard duty was hit in the ankle and he carried him to the medic inside the perimeter.  He later went to the ammunition bunker to get more ammunition and a mortar hit.  One guy was killed and he was hit with shrapnel in his right knee.  The commanding officer told him that he was recommending him for award of the Bronze Star Medal and the Purple Heart.  A couple of days later, he was transferred to a new company for an assignment.  

3.  The applicant provides personal statements and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 8 April 1970.  The application submitted in this case is dated 17 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 requested correction of his records to show award of the Bronze Star Medal.  There are no orders or other evidence on file in his record authorizing award of the Bronze Star Medal.  In the absence of a proper award authority for the Bronze Star Medal, the applicant may request the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  As a result, the Bronze Star Medal will not be discussed further in this Record of Proceedings.

4.  The applicant completed a Statement of Personal History on 8 March 1968 which shows his last name as S_____.  He was inducted into the Army on 9 April 1968.  His DD Form 47 (Record of Induction) shows his last name as S_____.  At the time of his induction, he signed an Acknowledgement of Service Obligation indicating his last name as S_____.  

5.  A DD Form 1584 (National Agency Check Request), dated 15 April 1968, shows his last name as S_____.

6.  The applicant completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to Vietnam on 2 September 1968 with Company B, 4th Battalion, 9th Infantry as a rifleman.

7.  He was promoted to specialist four on 13 February 1969.  There is no record of any disciplinary actions.

8.  His DA Form 20 (Enlisted Qualification Record) shows he was reassigned to Headquarters and Headquarters Company, 1st Brigade, 25th Infantry Division on 13 February 1969 with duty with Nui Ba Den Provisional Company.  

9.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.  There are no medical documents available which indicate he sustained wounds as a result of hostile action.

10.  The applicant departed Vietnam on 24 August 1969.  He was credited with participation in the Vietnam Counteroffensive Phase V Campaign, the Vietnam Counteroffensive Phase VI Campaign, the Tet 69 Counteroffensive 1969 Campaign, and the Vietnam Summer-Fall 1969 Campaign.

11.  The applicant was released from active duty on 8 April 1970 in the rank of specialist four.  He completed 2 years of active military service with no days of lost time.  

12.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with 1960 Device. 

13.  Item 1 (Last Name, First Name, Middle Name) on the applicant’s DD Form 214 shows his last name as S_____.

14.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.  His service personnel records show he served on active duty using the last name S_____.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to Company B, 4th Battalion, 9th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to Company B, 4th Battalion, 9th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 5, dated 1973.

17.  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.

18.  Army Regulation 672-5-1, 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.

19.  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 and states that authorized bronze service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the applicant.  His name is not listed on the Vietnam Casualty Roster.  

2.  The applicant contended that he was hit with shrapnel in his right knee during an enemy mortar attack.  However, there is insufficient evidence to support his contention.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.  Therefore, there is insufficient evidence on which to base correction of his records to show award of the Purple Heart.

3.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 9 April 1968 through 8 April 1970.

4.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, these awards should be added to his DD Form 214.

5.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with two bronze service stars.  However, he received credit for participation in four campaigns during the Vietnam War.  Therefore, it would be appropriate to correct his DD Form 214 to reflect four bronze service stars for wear on his Vietnam Service Medal.

6.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

7.  The applicant's Record of Induction shows he entered active duty on 9 April 1968 and served on active duty using the last name S_____.  While the Board understands the applicant's desire to have the records changed, it finds no basis for compromising the integrity of the Army's records.  This Board action will be filed in his military records so an additional record of his last name will be on hand.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 April 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 7 April 1973.  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 

______  ______ ______  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 Army Good Conduct Medal for the period 9 April 1968 through 8 April 1970;

	b.  deleting the Vietnam Service Medal with two bronze service stars from his DD Form 214; and 

	c.  adding the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear 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 and correction of his last name.  



_______
          CHAIRPERSON




INDEX

CASE ID
AR20060012374
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 PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015
2.
107.0014
3.
100.0100
4.

5.

6.