RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 April 2007
	DOCKET NUMBER:  AR20060013110 


	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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states that he was wounded in October 1968 while in Vietnam.

3.  The applicant provides a photograph of him in Vietnam and his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 14 January 1970.  The application submitted in this case is dated 5 July 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 into the Army on 15 January 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He was assigned to Vietnam on 28 June 1968 with Company B, 1st Battalion, 46th Infantry, 198th Infantry Brigade.  He was promoted to staff sergeant on 6 May 1969.

4.  Headquarters, Americal Division General Orders Number 6759, dated 20 July 1969, awarded the applicant the Purple Heart for wounds received in action on 30 October 1968.

5.  The applicant departed Vietnam on 24 June 1969.  He received credit for participation in the Vietnam Counteroffensive Phase IV Campaign, the Vietnam Counteroffensive Phase V Campaign, the Vietnam Counteroffensive Phase VI Campaign, the Tet 69 Counteroffensive 1969 Campaign, and the Vietnam Summer-Fall 1969 Campaign.  

6.  The applicant was released from active duty on 14 January 1970 in the rank of staff sergeant.  He completed 2 years of active military service with no days of lost time.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with (1960) Device, the Combat Infantryman Badge, and the Army Commendation Medal as authorized awards.

7.  His DA Form 20 (Enlisted Qualification Record) shows he received conduct and efficiency ratings of "excellent" throughout his service.

8.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

10.  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.  A silver service star is authorized in lieu of five bronze service stars.

11.  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.  General orders show the applicant was awarded the Purple Heart for wounds received in action on 30 October 1968.  Therefore, the Purple Heart should be added to his DD Form 214.

2.  It appears the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 15 January 1968 through 14 January 1970.

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

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  Therefore, this foreign unit award should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 January 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 January 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:

x_____  x____  x_____  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 first award of the Army Good Conduct Medal for the period 15 January 1968 through 14 January 1970;

	b.  adding the Purple Heart, the Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214; and

	c.  authorizing him one silver service star for wear on his already-awarded Vietnam Service Medal.



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          CHAIRPERSON




INDEX

CASE ID
AR20060013110
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070405
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

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

3.

4.

5.

6.