RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060015201 


	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 J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. Barber

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 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 3 March 1970 to show award of the Purple Heart and the Bronze Star Medal with "V" Device.

2.  The applicant states, in effect, that the above awards were omitted from his DD Form 214 at the time of his discharge.

3.  The applicant provides Headquarters, 4th Infantry Division General Orders Number 3409, dated 26 June 1969 and a copy of a Purple Heart certificate, dated 31 May 1989.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
3 March 1970.  The application submitted in this case is dated 2 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 was inducted in the Army on 4 March 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

4.  The applicant arrived in Vietnam and was assigned to E Company, 
3rd Battalion, 8th Infantry, 4th Infantry Division on or about 12 August 1968. 

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "PERF (B) [perforated both] EARDRUMS 6 May 69".  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

6.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam Casualty Roster.  This record shows that he was wounded as a result of hostile action on 6 May 1969.
7.  Headquarters, 4th Infantry Division General Orders Number 3409, dated 
26 June 1969, shows the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military operations against an armed hostile force on 9 May 1969.  

8.  He departed Vietnam on or about 22 May 1969 after being credited with participating in three campaigns. 

9.  On 3 March 1970, the applicant was honorably released from active duty in the rank of Specialist Four/E-4 after completing 2 years of creditable active service with no time lost.  

10.  A DD Form 214 with the period ending 3 March 1970 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Army Commendation Medal.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 (Enlisted Qualification Record) shows his conduct and efficiency ratings as "excellent" throughout his period of service.

12.  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.

13.  Army Regulation 672-5-1 (Military Awards), 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.

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 the 3rd Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 
28 July 1969 based on Headquarters, Department of the Army General Orders Number 3, dated 1970.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3rd Battalion, 8th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 based on Headquarters, Department of the Army General Orders Number 53, dated 1970.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.   However, his name is listed on the Vietnam Casualty Roster and his DA Form 
20 show that he received injuries to both eardrums on 6 May.

2.  His name listing on the Vietnam Casualty Roster and the entry on his DA Form 20 is accepted as sufficient to show that the applicant was wounded as a result of hostile action.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 6 May 1969.

3.  Evidence of record shows that the applicant was awarded the Bronze Star Medal with "V" Device for heroism.  His DD Form 214 should be amended to add this award.

4.  The applicant was separated in the rank of Specialist Four with 2 years of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal 1st Award for the period 4 March 1968 through 3 March 1970.

5.  The applicant was assigned to a unit during a period of time this unit 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.  His participation in three campaigns makes him eligible to wear three bronze service stars to be worn on his already-awarded Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 March 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
2 March 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__ENA __  ___AU   _  __REB__  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:

	a.  by awarding him the Purple Heart for wounds sustained on 9 May 1969;

b.  by awarding him the Army Good Conduct Medal 1st Award for the period 4 March 1968 through 3 March 1970; and

	c.  by amending his DD Form 214 to add the Bronze Star Medal with "V" Device, the Purple Heart , the Army Good Conduct Medal 1st Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




_   __ Eric N. Andersen      _
          CHAIRPERSON




INDEX

CASE ID
AR20060015201
SUFFIX

RECON

DATE BOARDED
17 MAY 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0014.0000
2.
107.0015.0000
3.

4.

5.

6.