RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060012414 


	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 he was not awarded the Purple Heart for injuries he received while serving in Vietnam.  He further states that his military medical records should also show he was wounded.

3. The applicant provides a witness statement from a former fellow Soldier, dated 4 July 2006 and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period 2 July 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
2 July 1971.  The application submitted in this case is dated 22 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 in the Army on 3 July 1969 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to A Company, 1st Battalion, 11th Infantry, 5th Infantry Division on or about 29 December 1969.    

5.  A Standard Form (SF) 600 (Chronological Record of Medical Care) shows various medical treatment dates from 12 May 1970 to 5 November 1970.  This document does not show that the applicant was wounded or treated for wounds.

6.  The applicant departed Vietnam on 19 November 1970 after being credited with participating in four campaigns. 

7.  Item 39 (Identifying body marks, scars, tattoos) of the applicant's Standard Form 88 (Report of Medical Examination), dated 24 March 1971, show no abnormalities.  

8.  A Standard Form 89 (Report of Medical History), dated 24 March 1971, shows that the applicant was being separated and that he stated he was "In very good health or otherwise stated."  Item 33 (Have you ever had any illness or injury other than those already noted?) shows that he indicated "no."

9.  A DA Form 2496 (Disposition Form), dated 10 June 1971, shows the applicant's unit personnel officer requested orders be cut awarding the applicant the Army Good Conduct Medal for the period 3 July 1969 though 2 July 1971. 

10.  On 2 July 1971, the applicant was honorably released from active duty in the rank of Specialist Four (SP4)/E-4 after completing 2 years of creditable active service.

11.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 2 bronze service stars, the Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Army Commendation Medal, the Marksman Marksmanship Qualification Badge (M-14), and the Marksman Marksmanship Qualification Badge (M-16).

12.  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.  

13.  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.  

14.  The applicant submitted a witness statement from a former fellow Soldier assigned to his unit.  The author stated, in effect, that he was assigned to the applicant's unit and served as a squad leader.  He continues that in June 1970 enemy forces fired a rocket-propelled grenade into their position.  The author further stated that the applicant sustained metal fragments to his back and legs.  The author states the applicant refused further medical treatment at that time and after a week his wounds became infected and the platoon medic treated him. 



15.  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 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

16.  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.

17.  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.

18.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

19.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The witness statement submitted by the applicant from a former fellow Soldier confirms the witness being with the applicant on the day he was wounded.  Unfortunately, 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 corroborate the witness statement that 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 Specialist Four with 2 years 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 3 July 1969 through 2 July 1971 based on completion of a period of qualifying service. 

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in four campaigns makes him eligible to wear four bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 July 1971.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
1 July 1974.  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 3 July 1969 through 2 July 1971; and
	
	b.  by amending his DD Form 214 to add the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four 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
AR20060012414
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.