RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060013729 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart.

2.  The applicant states, in effect, that he never received the Purple Heart.  He received wounds in the form of shrapnel and punji stakes and was treated by the medic each time.

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 9 February 1968, the date of his release from active duty.  The application submitted in this case is dated 28 August 2006 but was received for processing on 25 September 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's record shows he was inducted on 10 February 1966.  The applicant successfully completed basic combat training and advanced individual training at Fort Polk, Louisiana.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.

4.  The applicant was promoted to pay grade E-4 on 21 August 1967.  He served in Vietnam from 24 September 1966 to 23 September 1967.  He continued to serve until he was released from active duty on 9 February 1968.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training). 



5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.  His DD Form 214 does not show any additional awards.

6.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations). 

7.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

8.  The applicant's medical records are unavailable for review.

9.  The applicant was administered an ETS (expiration of term of service) physical examination on 31 January 1968.  He was found qualified for separation with a 111111 physical profile.  He was diagnosed as having a left inguinal herniography scar.

10.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.

11.  The applicant's records contain a copy of 1st Cavalry Division (Airmobile), General Orders Number 2017, dated 3 May 1967, which awarded him the Air Medal, for meritorious achievement while participating in aerial flight, from  September 1966 to March 1967.

12.  Army Regulation 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.

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show two bronze service stars to which the applicant is entitled for his campaign participation.

15.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound that he may have received as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve award of the Purple Heart.

2.  The applicant alleges that he received wounds in the form of shrapnel and punji stakes and was treated by the medic each time.  However, there is no evidence, and he has provided no evidence, to support his allegations.  Therefore, he is not entitled to correction of his records to show the award of the Purple Heart.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 10 February 1966 to 9 February 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

4.  The evidence of records shows that the applicant was awarded the Air Medal for the period September 1966 to March 1967.  Therefore, he is entitled to correction of his records to show this award.

5.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show two bronze service stars to which the applicant is entitled for his campaign participation.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show this unit award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 February 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 February 1971.  Although the applicant did not file within the ABCMR's 3-year 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:

________  ________  ________  GRANT FULL RELIEF 

___e____  ___LB___  ___MKF_  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 showing that he was awarded the Good Conduct Medal for the period 10 February 1966 to 9 February 1968; the Air Medal; the Vietnam Service Medal, with two bronze service stars; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.

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.




_____Lester Echols_______
          CHAIRPERSON




INDEX

CASE ID
AR20060013729
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680209
DISCHARGE AUTHORITY
AR 635-200. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY//GRANT (PARTIAL)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.