RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2007
	DOCKET NUMBER:  AR20060012815


	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 Purple Heart and the Good Conduct Medal

2.  The applicant states he believes he is entitled to these two medals and would like a DD Form 215 (Correction to DD Form 214) showing them.

3.  The applicant provides a copy of 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 an alleged error or injustice which occurred on 21 September 1970.  The application submitted in this case is dated 31 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 served in the Regular Army from 5 December 1967 to 21 September 1970 when he was honorably released from active duty and transferred to the US Army Reserve (USAR).  His DD Form 214 shows he was awarded the Bronze Star Medal, the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with M-14 Rifle Bar.  In addition, he has a DD Form 215 showing award of the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

4.  Army Regulation (AR) 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.

5.  There are no orders in the applicant's records awarding him the Purple Heart. There are no medical records available to show he was ever treated for a wound. The applicant's name does not appear on the Vietnam Casualty List.

6.  Army Regulation 672-5-1, in effect at the time, provided that the Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 were not disqualifying.

7.  The applicant's conduct and efficiency ratings were uniformly excellent and there is no evidence of a court-martial conviction in his records.

8.  The applicant served in Vietnam from 20 May 1969 through 9 April 1970.  During that period, there were three named campaigns:  Tet 69 Counteroffensive (23 February-8 June 1969); Summer-Fall 1969 (9 June-31 October 1969); and Winter-Spring 1970 (1 November 1969-30 April 1970).  AR 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 that regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence to show the applicant was ever treated for a wound while in Vietnam.  Without his providing such evidence, the applicant cannot be awarded the Purple Heart.

2.  The applicant served with honor and distinction from 5 December 1967 to
21 September 1970.  He had excellent conduct and efficiency ratings and no court-martial convictions.  He is entitled to award of the Good Conduct Medal.

3.  The applicant participated in three campaigns and is entitled to three bronze service stars for wear on his Vietnam Service Medal.
4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 September 1970.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on
20 September 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 

__jtm___  __tmr___  __rmn___  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.  deleting his award of the Vietnam Service Medal;

	b.  awarding him the Good Conduct Medal for the period 5 December 1967 to 21 September 1970, and three bronze service stars for wear on his already-awarded Vietnam Service Medal; and

	c.  issuing him a DD Form 215 showing these awards.

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 the Purple Heart.



						John T. Meixell
______________________
          CHAIRPERSON
INDEX

CASE ID
AR20060012815
SUFFIX

RECON

DATE BOARDED
20070417
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.