RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060014929 


	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. Michael L. Engle

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 correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states that he was wounded in action and should be awarded the Purple Heart.

3.  The applicant provides notarized statements from a witness and medical specialist.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 November 1969, the date he was released from active duty.  The application submitted in this case is dated 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.  On 7 February 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11C1O (Infantry Indirect Fire Crewman).

4.  Special Orders 122, United States Army Training Center, Infantry, Fort Polk, Louisiana, dated 13 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Mortar Bar.

5.  Special Orders 124, United States Army Training Center, Infantry, Fort Polk, Louisiana, dated 15 May 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  On 19 July 1968, the applicant was assigned for duty as an infantry indirect fire crewman with the 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, in the Republic of Vietnam.  

7.  On 24 December 1968, the applicant was assigned duty as a gunner and on 31 March 1969, he was assigned duty as a team leader.

8.  On 8 July 1969, the applicant was returned to the United States for duty as an assistant drill sergeant at Fort Lewis, Washington.  

9.  On 6 November 1969, the applicant was released from active duty.  He attained the rank of sergeant, pay grade E5 and had completed 1 year and 
9 months of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's Armed Forces of the United States Report of Transfer or Discharge (DD Form 214), lists his awards as the National Defense Service Medal, Air Medal, Bronze Star Medal, Vietnam Campaign Medal with "1960" Device, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart or Army Good Conduct Medal. 

11.  On 30 August 2006, a notarized statement was provided by an individual indicating that he was a senior medical specialist in Vietnam, serving with the 5th Battalion, 7th Cavalry Regiment.  He further states that he provided the applicant with medical treatment for shrapnel wounds to his lower back.  He states that he filled out the paperwork for award of the Purple Heart but somehow it was not processed at personnel.  The medical specialist opines that the applicant is deserving of the Purple Heart, especially since he did not want to leave the field for a minor injury.

12.  On 1 October 2006, a former Soldier provided a notarized statement indicating that he and the applicant were defending a security position when the applicant was hit in his back by shell fragments.  The witness states that he called for a medical specialist who treated the applicant's wounds.  He further states that the applicant did not go to the rear, but stayed in the field with his squad.

13.  The applicant's name does not appear on the Vietnam Casualty Roster.

14.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  

15.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

16.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20), shows that his conduct and efficiency were excellent.  

17.  Army Regulation 672-5-1, in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed a qualified 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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

18.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaigns: the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; the TET Counteroffensive, 1969; and the Vietnam Summer-Fall 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 5th Battalion, 7th Cavalry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 

20.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.
 



DISCUSSION AND CONCLUSIONS:

1.  The evidence provided by the applicant indicates that he was wounded in his lower back.  However, there is no substantiating medical evidence showing that he was treated by a medical officer or that such treatment was made a part of the official record.  The applicant's name is not listed on the Vietnam Casualty Roster.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, his records should be corrected to show award of this medal.

3.  Records show that the applicant served during a qualifying period in the Republic of Vietnam; therefore, he is eligible for award of the Vietnam Service Medal.

4.  Records show that the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders show that the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

6.  Records show the applicant qualified as an expert with his rifle and mortar.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle and Mortar Bars.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 November 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
5 November 1972.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__EM___  __CLG___  __MJF__  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:

	a.  awarding him the Army Good Conduct Medal for the period from 
7 February 1968 to 6 November 1969; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal first Class Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle and Mortar Bars.

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.  




_    Curtis L. Greenway_____
          CHAIRPERSON




INDEX

CASE ID
AR20060014929
SUFFIX

RECON
 
DATE BOARDED
20060412
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT Partial
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.