RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060014356 


	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. Curtis L. Greenway 

Chairperson

Mr. Michael J. Flynn

Member

Mr. Edward E. Montgomery

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, that he be awarded the Purple Heart.

2.  The applicant states, in effect, that his records are incomplete. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a copy of a Western Union Telegram, dated 27 June 1969; and a message from the Commanding General, USARV (United States Army, Republic of Vietnam), Long Binh, Republic of Vietnam, dated 27 June 1969, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 18 May 1971, the date of his release from active duty.  The application submitted in this case is dated 26 September 2006 but was received for processing on 11 October 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 military records show he entered active duty on 27 May 1968. The applicant successfully completed basic combat training at Fort Benning, Georgia, and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.

4.  The applicant served in Vietnam from 24 March 1969 to 12 July 1969.  He was promoted to pay grade E-4 on 26 September 1969.  He served until he was released from active duty on 18 May 1971.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Reinforcement).




5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar (M16), and the Expert Marksmanship Qualification Badge with Rifle Bar (M14).  His DD Form 214 does not show any additional awards.

6.  There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart.  The applicant’s name appears on the Vietnam Casualty List for a wound received on 26 June 1969 during his service in Vietnam as a result of enemy action.  

7.  The applicant provided a copy of a Western Union telegram, dated 27 June 1969, and a message, from the Commanding General, USARV, Long Binh, Republic of Vietnam, dated 27 June 1969, which indicates that he was slightly wounded in action in Vietnam on 26 June 1969 by fragments from a booby trap while on a combat operation.  He received wounds to his left thigh, left arm, left shoulder, left hand, and both feet.

8.  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.

9.  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.

10.  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.

11.  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.


12.  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 also not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was slightly wounded in action in Vietnam on 26 June 1969 by fragments from a booby trap while on a combat operation.  Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

2.  The applicant is entitled to the first award of the Good Conduct Medal for the period 27 May 1968 to 18 May 1971 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.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns and he is therefore, entitled to two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

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

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 18 May 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 May 1974.  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:

__EM___  __CLG___  __MJF__  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 showing that he was awarded the Purple Heart; the Good Conduct Medal for the period 27 May 1968 to 18 May 1971; the Vietnam Service Medal, with two bronze service stars; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation.






____Curtis L. Greenway_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014356
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070412
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19710518
DISCHARGE AUTHORITY
AR  635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.