RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 March 2007
	DOCKET NUMBER:  AR20060012821 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Mr. Larry W. Racster

Member

Mr. Rodney E. Barber

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 military records to show award of two Purple Hearts for wounds received in the Republic of Vietnam.

2.  The applicant states that he was wounded in action on 8 February and 
27 March 1971, but was only awarded one Purple Heart.

3.  The applicant provides a copy of his medical treatment record, dated 
8 February 1971 and letters describing the incidents. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 3 July 1973, the date of his release from active duty.  The application submitted in this case is dated 30 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.  On 20 October 1970, the applicant enlisted in the Regular Army for 3 years.   He completed his initial training and was awarded military occupational specialty (MOS)13B1O (Field Artillery).

4.  On 11 September 1970, the applicant was assigned for duty in MOS 13E1O with the 8th Battalion, 4th Field Artillery Regiment, in the Republic of Vietnam.  

5.  Standard Form 600 (Chronological Record of Medical Care), dated 
8 February 1971, shows that the applicant was injured when the vehicle in which he was riding struck a land mine.  He was thrown from the vehicle and landed on his buttocks, sustaining injury to his coccyx.  

6.  The applicant's name appears twice on the Vietnam Casualty Roster. 

7.  General Orders Number 15, 108th Field Artillery Group, dated 25 May 1971, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 27 March 1971.

8.   On 9 August 1971, the applicant was returned to the United States for duty at Fort Hood, Texas.

9.  On 3 July 1973, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 2 years, 11 months and 27 days of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the Silver Star, Purple Heart, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge, Parachutist Badge, and the Expert Marksmanship Qualification Badge with Automatic Rifle and Rifle Bars.  It does not show a second award of the Purple Heart. 

11.  On 5 December 2005, a witness provides a letter describing events that occurred in early 1971.  He states that he and the applicant were riding in a personnel carrier (M113A1) when it hit a land mine causing them to be thrown from the vehicle as it capsized.  He further states that his injuries were very minor but that several others had to be medically evacuated.

12.  On 5 May 2006, a former senior medical specialist writes a letter describing events that occurred in early February 1971.  He states that he was present and treated the applicant for a back injury after his vehicle hit a mine and subsequently evacuated him for further medical treatment.

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 provides that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile foreign force.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.


14.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

16.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  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 are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

DISCUSSION AND CONCLUSIONS:

1.   The evidence clearly shows that the applicant was injured on two separate occasions as the result of enemy action and received medical treatment.   However, he only received a Purple Heart for the second incident which occurred on 27 March 1971.  Therefore, he should be awarded a Purple Heart for wounds sustained as a result of enemy action on 8 February 1971.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, his records should be corrected to show award of this medal.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 July 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
2 July 1976.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.







BOARD VOTE:

___LWR_  __MKP__  _REB___  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 against a hostile force on 8 February 1971; 

	b.  awarding him the Army Good Conduct Medal for the period from 
20 October 1970 to 3 July 1973; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with first oak leaf cluster and the Army Good Conduct Medal. 



__Margaret K. Patterson____
          CHAIRPERSON




INDEX

CASE ID
AR20060012821
SUFFIX

RECON
 
DATE BOARDED
20070315
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.