RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060015585


	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. Kenneth L. Wright

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Ms. Karmin S. Jenkins

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show that he was awarded two Purple Hearts. 

2.  The applicant states, in effect, that he was stabbed in the foot by an enemy bayonet.  Also, when the helicopter he was on went down, he broke both his wrist and hand.  In the triage, a doctor grabbed his broken hand and squeezed it causing the bones in his hand to come through the skin.  He says that the pain was so intense, and without realizing it, he reacted by punching the doctor.  He further states that during the surgery on his hand it was decided that the Purple Heart would be given to the doctor who squeezed his hand. 

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 January 1971, the date of his release from active duty.  The application submitted in this case is dated 24 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 31 January 1969, the applicant enlisted in the Regular Army for 2 years.  He completed his initial training and was awarded military occupational specialty 11B2O (Light Weapons Infantryman).

4.  Special Orders Number 71, United States Army Training Center, Infantry, Fort Bragg, North Carolina, dated 12 March 1969, awarded the applicant the Marksmanship Qualification Badge with Rifle Bar for qualification with the M14 rifle.


5.  Special Orders Number 80, United States Army Training Center, Infantry, Fort Bragg, North Carolina, dated 21 March 1969, awarded the applicant the Sharpshooter Qualification Badge with Rifle Bar for qualification with the M16 rifle.

6.  Special Orders Number 103, United States Army Training Center, Infantry, Fort Dix, New Jersey, dated 13 May 1969, awarded the applicant the Marksman Marksmanship Qualification Badge with Pistol Bar.

7.  Special Orders Number 116, United States Army Training Center, Infantry, Fort Dix, New Jersey, dated 28 May 1969, awarded the applicant the Sharpshooter Qualification Badge with Recoilless Rifle Bar.

8.  On 11 July 1969, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 506th Infantry Regiment, in the Republic of Vietnam.  

9.  General Orders Number 3061, 101st Airborne Division (Airmobile), dated 
20 March 1970, awarded the applicant the Air Medal for the period from 
1 November 1969 to 1 January 1970.

10.  General Orders Number 5938, 101st Airborne Division (Airmobile), dated 
26 May 1970, awarded the applicant a second Air Medal (Numeral 2) for the period from 1 January to 30 April 1970.

11.  On 7 July 1970, the applicant was returned to the United States for duty at Fort Carson, Colorado. 

12.  General Orders Number 7939, 101st Airborne Division (Airmobile), dated 
11 July 1970, awarded the applicant the Army Commendation Medal for meritorious service during the period from 1 August 1969 to 31 December 1969. 

13.  On 29 January 1971, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 1 year, 
11 months and 29 days of creditable active duty.

14.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Air Medal, Bronze Star Medal, Combat Infantryman Badge, Vietnam Service Medal with three bronze service stars, Vietnam Campaign Medal with “1960” Device,   It does not show award of the Purple Heart, Army Commendation Medal, or the Army Good Conduct Medal.

15.  The applicant’s name does not appear on the Vietnam Casualty Roster.  Item 40 (Wounds) of the applicant's Enlisted Qualification Record (DA Form 20) is blank.

16.  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.  An oak leaf cluster (OLC) is issued to denote award of second and succeeding awards of the Purple Heart.

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

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

19.  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. 

20.  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 2nd Battalion, 506th Infantry 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.  

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  There is no available evidence to show that the applicant sustained any wounds as a result of hostile action, or that he received any medical treatment for such wounds.  Therefore, the applicant's request for award of the Purple Heart with OLC 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, he should be awarded this medal.

3.  General Orders show that the applicant was awarded the Air Medal with a Number 2, and the Army Commendation Medal.  Therefore, his records should be corrected to show these awards.

4.  General Orders show that the applicant's 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.  Therefore, his records should be corrected to show these foreign unit awards.   

5.   Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars.  Therefore, his records should be corrected to show these awards.

6.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle and Recoilless Rifle Bars.  Therefore, his records should be corrected to show this award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 January 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
28 January 1974.  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 

__KLW__  __KSJ___  __PHM__ 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 
31 January 1969 to 29 January 1971; and

	b. showing, that in addition to the awards shown on his DD Form 214, his authorized awards include the Air Medal with Numeral 2, Army Commendation Medal, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle and Recoilless Rifle Bars, and the Marksman Marksmanship Qualification Badge with Rifle and Pistol 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.  




__   Kenneth L. Wright___
          CHAIRPERSON


INDEX

CASE ID
AR20060015585
SUFFIX

RECON
 
DATE BOARDED
20070510 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
 GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0056.0000
2.

3.

4.

5.

6.