RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060012914 


	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.


x

	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 Air Medal and the Purple Heart.

2.  The applicant states he was knocked down by the explosion of a mine in Vietnam while he was assigned to the Americal Division, 3rd Battalion, 21st Infantry, 196th Brigade.  He states he was bruised and scratched up but he did not require medical treatment.  Also, he states he could not hear for several days.  He is now hard of hearing.  He thought he would get a Purple Heart but was never put in for it.  He further states that he served with the Americal Division in 1971 and with the 1st Air Cavalry Division (Air Mobile) in 1970 and 1971 in Vietnam.  He states, in effect, that a Soldier was supposed to be recommended for award of the Air Medal after completion of 25 combat assaults from helicopters.  He is sure he completed more than 25 combat assaults but he was not recommended for the Air Medal.  

3.  The applicant provides a statement from a former fellow Soldier and personal statements in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 9 December 1971.  The application submitted in this case is dated 14 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 requested correction of his records to show an award of the Air Medal.  There are no orders or other evidence on file in his record authorizing award of the Air Medal.  In the absence of a proper award authority for this decoration, the applicant may request the Air Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, the Air Medal will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted into the Army on 1 June 1970.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to Vietnam on 30 October 1970 with Company D, 2nd Battalion, 7th Cavalry, 1st Cavalry Division (Airmobile) as a rifleman.  

5.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number 4, dated 4 January 1971, awarded the applicant the Combat Infantryman Badge effective 27 December 1970.

6.  His DA Form 20 (Enlisted Qualification Record) shows he was reassigned to Company C, 3rd Battalion, 21st Infantry, 196th Brigade in Vietnam on 19 March 1971.

7.  He was promoted to specialist four on 21 June 1971.

8.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.  

9.  The applicant departed Vietnam on 29 October 1971.  He received credit for participation in the Vietnam Counteroffensive Phase VII Campaign and the Consolidation I Campaign.  

10.  The applicant was honorably released from active duty on 9 December 1971.  He completed 1 year, 6 months, and 9 days of active military service with no days of lost time.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.

11.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal with one bronze service star, the Army Commendation Medal with “V” Device, and the Bronze Star Medal (First Oak Leaf Cluster).

12.  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 the 2nd Battalion, 7th Cavalry, 1st Cavalry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Orders Number 42, dated 1972.

13.  The applicant provided a statement from a former fellow Soldier.  The individual stated that he and the applicant were at a night defensive position during operations west of Da Nang, Vietnam when a land mine was detonated a few feet from them.  The blast knocked both of them to the ground.  The individual stated that no serious injuries occurred other than hearing loss.

14.  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.  Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  The regulation states that the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

15.  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.  

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the applicant.  There are no medical documents which indicate he was wounded as a result of hostile action and his name is not listed on the Vietnam Casualty Roster. 

2.  The applicant states that he was bruised and scratched up by the explosion of a land mine and that he required no medical treatment.  By regulation, in order to award the Purple Heart it is necessary to establish that a Soldier was wounded in action, that the wound required treatment by a medical officer, and the treatment record must have been made a matter of official record.  Therefore, he has not met the requirements for award of the Purple Heart.

3.  Special orders show the applicant was awarded the Combat Infantryman Badge; however, this badge is not shown on his DD Form 214.  Therefore, it would be appropriate to add the Combat Infantryman Badge to his DD Form 214.

4.  It appears that the applicant has met the regulatory requirements for award of the Army Good Conduct Medal for a qualifying period from 1 June 1970 through 9 December 1971.

5.  The applicant was assigned to a unit during a period it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

6.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal with one bronze service star.  However, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 December 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 December 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 

x_____ x_____ x____  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.  awarding him the Army Good Conduct Medal for the period 1 June 1970 through 9 December 1971; 

	b.  deleting the Vietnam Service Medal with one bronze service star from his DD Form 214; and 

c.  adding the Army Good Conduct Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with two bronze service stars to his DD Form 214.

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.  




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          CHAIRPERSON




INDEX

CASE ID
AR20060012914
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070322
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015
2.

3.

4.

5.

6.