RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060012754 


	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

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Jeffrey Redmann

Member

Mr. Scott Faught

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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart and awards for his service in Vietnam.

2.  The applicant states that there are no Vietnam medals shown on his DD Form 214. 

3.  The applicant provides no additional evidence in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
15 February 1968.  The application submitted in this case is dated 29 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 25 January 1966.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 28 February 1967.  He served in MOS 11B assigned to Troop A, 3rd Squadron, 4th Cavalry of the 25th Infantry Division in Vietnam from 4 March 1967 through 17 January 1968.  On 15 February 1968, the applicant was released from active duty in the rank of private first class after completing 2 years and 21 days of creditable active service with no time lost.  

4.  The applicant’s DD Form 214 shows the National Defense Service Medal as an authorized award.  

5.  There are no orders for the Purple Heart in the available records.  However, a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 10 April 1967, shows the applicant was burned when his armored personnel carrier hit a mine on 8 April 1967 in Vietnam.  This form also states that the applicant was recommended for award of the Purple Heart and that the Purple Heart was not awarded at this station. 
6.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows that he sustained first and second degree burns on his upper trunk and both arms on 8 April 1967.  The Vietnam Casualty Roster also shows that he was wounded in action on 8 April 1967.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

9.  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.

10.  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.  

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device 1960.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  

12.  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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

13.  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.  The medical evidence of record which shows the applicant was wounded as a result of hostile action on 8 April 1967 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in this case. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show award of the Purple Heart.

2.  The applicant was released from active duty in the rank of private first class with 2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 25 January 1966 through 15 February 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  Based on the applicant’s service in Vietnam, he is entitled to award of the Republic of Vietnam Campaign Medal with Device 1960.  

4.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

6.  Records show the applicant should have discovered the alleged errors now under consideration on 15 February 1968; therefore, the time for the applicant to file a request for correction of any error expired on 14 February 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 fact there is no statute of limitations on requests for award of the Purple Heart.  




BOARD VOTE:

LS_____  ___JR____  __SF___  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 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 Purple Heart for wounds received in action on 8 April 1967 in Vietnam; 

	b.  awarding him the first award of the Good Conduct Medal for the period 25 January 1966 through 15 February 1968; and 

	c.  amending his DD Form 214 to add the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars for wear on his already awarded Vietnam Service Medal.



__Linda Simmons__________
          CHAIRPERSON




INDEX

CASE ID
AR20060012754
SUFFIX

RECON

DATE BOARDED
20070405
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.