RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2007
	DOCKET NUMBER:  AR20060013887 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Mr. Jerome Pionk

Member

Mr. Eddie Smoot

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 DD Form 214 (Report of Transfer or Discharge) to show two awards of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster) and the Army Commendation Medal. 

2.  The applicant states that he received two awards of the Purple Heart and one award of the Army Commendation Medal.  He contends that he received the Purple Heart for his first wound while in the hospital but he never received the medal for his second wound. 

3.  The applicant provides an award certificate for the Purple Heart for wounds received on 18 March 1968 and two Western Union telegrams for wounds received on 12 June 1968. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
21 September 1968.  The application submitted in this case is dated 
22 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 requested correction of his records to show award of the Army Commendation Medal.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Army Commendation 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, they will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted on 3 October 1966.  He arrived in Vietnam on 
6 December 1967.  He was assigned to Company D, 3rd Battalion, 1st Infantry of the 11th Infantry Brigade in Vietnam from 6 December 1967 through 
18 September 1968.  On 21 September 1968, the applicant was released from active duty in the temporary rank of sergeant after completing 1 year, 
11 months, and 19 days of creditable active service with no time lost.  

5.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, one award of the Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and 
M-16) as authorized awards.  

6.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, the applicant provided an award certificate for the Purple Heart for wounds received in action on 18 March 1968 in Vietnam.  He also provided two Western Union telegrams, one addressed to his wife and one addressed to his parents, which state that he was slightly wounded on 12 June 1968 in Vietnam as a result of hostile action.  The Vietnam Casualty Roster shows that he was wounded in action on 18 March 1968 and on 12 June 1968.     
7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

9.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

10.  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.  The regulation also states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The entries on the Vietnam Casualty Roster which show the applicant was wounded on 18 March 1968 and on 12 June 1968 in Vietnam are accepted as sufficient evidence on which to base two awards of the Purple Heart in this case. 

2.  The applicant was separated in the temporary rank of sergeant with almost 
2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 3 October 1966 through 21 September 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

5.  Records show the applicant should have discovered the alleged errors now under consideration on 21 September 1968; therefore, the time for the applicant to file a request for correction of any error expired on 20 September 1971.  Although the applicant did not file within the ABCMR's 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:

LS_____  __JP____  __ES____  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 on 
18 March 1968 in Vietnam;

	b.  awarding him the Purple Heart with First Oak Leaf Cluster for wounds received in action on 12 June 1968 in Vietnam; 

	c.  awarding him the first award of the Good Conduct Medal for the period 3 October 1966 through 21 September 1968; and  

	d.  amending his DD Form 214 to add the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal.


 
__Linda Simmons_______
          CHAIRPERSON




INDEX

CASE ID
AR20060013887
SUFFIX

RECON

DATE BOARDED
20070508
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0020
3.
107.0000
4.

5.

6.