RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 May 2007
	DOCKET NUMBER:  AR20060014434 


	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

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Michael J. Flynn

Member

Ms. Rose M. Lyn

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 discharge document to show award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded in the Republic of Vietnam on 16 June 1974; however, the Purple Heart is not recorded on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
21 March 1968; DA Form 4980-10 (Purple Heart Certificate), dated 6 October 1967; and DA Form 8-275-3 (Clinical Record Cover Sheet), dated 23 June 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 21 March 1968, the date of his release from active duty (REFRAD).  The application submitted in this case is dated 4 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 service records show that he was inducted into the U.S. Army on 30 March 1966.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

4.  The applicant's military service records show that he was assigned to Company B, 4th Battalion, 9th Infantry, 25th Infantry Division in Vietnam from
29 October 1966 to 21 May 1967.  He was then assigned to Company C,
1st Battalion (Airborne), 327th Infantry, 101st Airborne Division (Vietnam) from 26 May 1967 to 7 June 1967 and to Headquarters and Headquarters Company, 1st Battalion (Airborne), 327th Infantry (Vietnam) from 8 June 1967 to 7 October 1967.  The applicant's records show that he completed his foreign service tour in Vietnam, returned to the continental United States (CONUS) for assignment, and was subsequently reassigned to Headquarters and Headquarters Company,
1st Battalion (Airborne), 508th Infantry in Vietnam from 14 February 1968 to
20 March 1968.  The applicant was honorably REFRAD on 21 March 1968 after completing a total of 1 year, 11 months, and 22 days net active service.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 11 October 1966 through 10 October 1967 and from 14 February 1968 through 20 March 1968. Item 39 (Campaigns) of this document is absent any entries.

6.  The applicant's military service records contain a Standard Form (SF) 502 (Clinical Record - Narrative Summary), dated 16 June 1967, that is barely legible, but shows, in pertinent part, the applicant was treated for "bilateral blast injuries" and "small frag wounds" on 16 June 1967.

7.  The applicant's military service records contain a SF 89 (Report of Medical History), dated 21 March 1968, which was completed by the applicant at the time of his medical examination prior to his REFRAD.  Item 34 (Have You Consulted or Been Treated by Clinics, Physicians, Healers, or Other Practitioners Within the Past 5 Years?) of the SF 89 contains a check mark under the "Yes" column and in the space to the right on this form the applicant entered "Treated for head wounds and perforated ear drums.  85th Evac hosp Quin Nhon R.V.N.
6th Convalescent Center, Cam Ranh Bay R.V.N.  Capt. Davis ENT Clinic."  Item 39 (Physician's Summary and Elaboration of All Pertinent Data) of the SF 89 contains, in pertinent part, the entry "1 - 26 hearing loss June 67 had perforation of eardrums, head injury at this time."

8.  There are no orders in the applicant’s military service records which show he was awarded the Purple Heart and Item 41 (Awards and Decorations) of his
DA Form 20 does not list the Purple Heart.  However, Item 41 (Wounds) contains an entry that shows the applicant sustained a fragment wound to his face on
16 June 1967.  In addition, the applicant's name is listed on The Adjutant General, Casualty Division's, Vietnam Casualty Roster as being wounded in action in Vietnam on 16 June 1967.

9.  The applicant's DD Form 214, issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Parachutist Badge, Marksman Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.
10.  In support of his application, the applicant provides a copy of his DD Form 214, DA Form 8-275-3, and DA Form 4980-10.  The Clinical Record Cover Sheet shows the applicant received medical treatment for ruptured ear drums and multiple fragment wounds of the body resulting from a grenade that went of in a helicopter at Duc Pho, Vietnam on 16 June 1967.  The Purple Heart Certificate shows that the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 16 June 1967.

11.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

12.  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.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 3 campaigns:  Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and TET Counteroffensive.

14.  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 Company B, 4th Battalion, 9th Infantry (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 48 (1971).  This document also shows that, at the time of the applicant's assignment to the unit, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971).

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  There is no statute of limitations governing requests for award of the Purple Heart.


16.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

18.  Army Regulation 600-8-22 provides, in pertinent part, for 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, including the Vietnam Service Medal.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government as a unit award for meritorious service.

21.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached to and present for duty with the unit for at least 30 consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to correction of his records to show award of the Purple Heart for being wounded in action in Vietnam on
16 June 1967.  

2.  The evidence of record shows that the applicant was wounded in action in Vietnam on 16 June 1967, he received medical treatment for his wounds, and the medical treatment was made a matter of official record.  In addition, the applicant was issued a Purple Heart Certificate for being wounded in action on 16 June 1967.  However, the applicant's discharge document fails to show award of the Purple Heart.  Therefore, based on the evidence of record, the applicant is entitled to correction of his records to show award of the Purple Heart.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 30 March 1966 through 21 March 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.  Records show that the applicant served in 3 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 3 bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 March 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
20 March 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 award of the Good Conduct Medal.

BOARD VOTE:

___RTD _  ___MJF_  ___RML__  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 the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 30 March 1966 through
21 March 1968;

	b.  deleting the Vietnam Service Medal from his DD Form 214; and

	c.  adding to his DD Form 214, the Purple Heart, Good Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




____Richard T. Dunbar_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014434
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/03
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680321
DISCHARGE AUTHORITY
AR 635-200, Chapter 5, Section VII
DISCHARGE REASON
Overseas Returnee
BOARD DECISION
GRANT 
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.

4.

5.

6.