RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060012376 


	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, in effect, that his military records be corrected to show the award of the Purple Heart.

2.  The applicant essentially states that he was wounded in combat in Vietnam, but that he recently noticed that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the award of the Purple Heart. 

3.  The applicant provides his DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 22 March 1968, the date of his release from active duty.  The application submitted in this case is dated 16 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 that he was inducted into the Army of the United States on 25 May 1966.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 36C (Lineman). His MOS was later changed to 36K (Field Wireman).  He departed for the Republic of Korea on 30 October 1966, and served with the 258th Signal Company during his tour in Korea.  He then departed Korea for the Republic of Vietnam on 28 March 1967, and served with Battery C, 7th Battalion, 11th Artillery Regiment, 25th Infantry Division from 2 April 1967 to 8 December 1967.  On 9 December 1967, he was reassigned to Battery C, 6th Battalion, 77th Artillery Regiment, 25th Infantry Division.  He returned to the continental United States on or about 19 March 1968, and on 22 March 1968, he was honorably released from active duty.  The DD Form 214 that was issued to him at the time 



of his release from active duty shows that he was awarded the Bronze Star 
Medal with “V” (for Valor) Device, the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.

4.  The applicant’s military records do not show that he was awarded the Purple Heart.  However, item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) clearly shows that he sustained multiple fragmentation wounds on 25 October 1967.  This entry is corroborated by a corresponding entry on the Vietnam Casualty Roster.

5.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Form 214.

6.  The applicant served 1 year, 9 months, and 28 days of continuous enlisted active duty from 25 May 1966 to 22 March 1968; however, his military records do not show that he was awarded the Good Conduct Medal for this period of service.  All of the applicant’s conduct and efficiency ratings were all “Excellent”, and there is no derogatory information in his military records that would preclude awarding him the Good Conduct Medal for this period of service.

7.  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 Battery C, 6th Battalion, 77th Artillery Regiment, the unit was cited for award of the Presidential Unit Citation by Department of the Army General Orders Number 69, dated 1969.  This document also shows that at the time of the applicant’s assignment to the 25th Infantry Division, the division was twice cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 10, dated 1968, and Department of the Army General Orders Number 37, dated 1970.  This document further shows that at the time of the applicant’s assignment to the 6th Battalion, 77th Artillery, the battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.  Further, this document shows that at the time of the applicant’s assignment to the 7th Battalion, 11th Artillery Regiment, the battalion 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. 

8.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but does not show that he was awarded any bronze service stars to signify campaign participation credit.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contains the regulatory guidance on the Vietnam 
Service Medal.  It states in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his assignment in Vietnam, the applicant was credited with participating in the Vietnam Counteroffensive Phase II campaign, the Vietnam Counteroffensive Phase III campaign, and the TET Counteroffensive campaign.

9.  The applicant’s DD Form 214 does not show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded this marksmanship badge by Headquarters, United States Army Training Center (Air Defense), Fort Bliss, Texas Special Orders Number 194, dated 17 July 1966.

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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  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 also provides, in pertinent part, 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.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles and the period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. 




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart.

2.  Evidence of record clearly shows that the applicant was wounded in action on 25 October 1967, and that his treatment was made a matter of official record.  Therefore, he is entitled to award of the Purple Heart, and correction of his military records to show the award of the Purple Heart.

3.  The applicant honorably served 1 year, 9 months, and 28 days of continuous enlisted active duty from 25 May 1966 to 22 March 1968, and there is no derogatory information in his military records that would preclude awarding him the Good Conduct Medal for this period of service.  Therefore, he is entitled to award of the Good Conduct Medal for the period 25 May 1966 to 22 March 1968, and correction of his military records to show the award of the Good Conduct Medal.

4.  The applicant completed a qualifying period of service in Korea from
30 October 1966 through 27 March 1967 for award of the KDSM.  Therefore, he is entitled to award of the KDSM and correction of his military records to show this award.

5.  General orders awarded the Presidential Unit Citation to Battery C, 6th Battalion, 77th Artillery Regiment while the applicant was assigned to this unit.  General orders also twice awarded the Meritorious Unit Commendation to the 25th Infantry Division while the applicant was assigned to the division.  General orders further awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 6th Battalion, 77th Artillery Regiment while the applicant was assigned to this battalion.  Additionally, general orders awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the 7th Battalion, 11th Artillery Regiment while the applicant was assigned to this battalion.  Therefore, he is entitled to award of the Presidential Unit Citation, the Meritorious Unit Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and correction of his military records to show these unit awards.

6.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

7.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 March 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
21 March 1971.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the relief being granted in this case, and the fact that there is no time limitation on requests for award of the Purple Heart.

BOARD VOTE:

__JM____  __TR ___  __RN___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

a.  awarding him the Purple Heart for wounds received in action against the enemy on 25 October 1967 in Vietnam while serving as a private first class;

b.  awarding him the Good Conduct Medal for the period 25 May 1966 to 22 March 1968 while serving as a specialist four;

c.  awarding him the KDSM, the Presidential Unit Citation, the Meritorious Unit Commendation with First Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 


d.  showing three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and

e.  showing the award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.




______ John Meixell_________
          CHAIRPERSON

INDEX

CASE ID
AR20060012376
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070417
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.
107.0031.0000
4.
107.0034.0000 (2)
5.
107.0094.0000
6.
107.0095.0000
7.
107.0073.0000 (add bronze service stars)
8.
110.0109.0000
9.
110.0400.0000