RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060015864 


	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 the Purple Heart for wounds received in action in the Republic of Vietnam. 

2.  The applicant states that he was wounded in combat while serving in the Republic of Vietnam and was awarded the Purple Heart.

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 10 May 1968, the date of his release from active duty.  The application submitted in this case was mailed on 3 November 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 13 May 1966, 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 11B1O (Light Weapons Infantryman).

4.  On 1 December 1966, the applicant was assigned duty as an infantryman with 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam. 

5.  The Vietnam Casualty Roster shows that the applicant was hospitalized for wounds received in action on 18 March 1967.  His injuries were classified as "not serious, hospitalization".

6.  On 14 April 1967, the applicant was medically evacuated to the Medical Holding Company, Valley Forge General Hospital, Phoenixville, Pennsylvania.  

7.  On 27 October 1967, the applicant was assigned for duty as an infantryman with the 4th Brigade, Fort Ord, California.

8.  On 10 May 1968, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and completed 1 year, 
11 months and 28 days of creditable active duty.

9.  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, Combat Infantryman Badge, Vietnam Service Medal, Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart or the Army Good Conduct Medal. 

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

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

12. 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.  

13.  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.  

14.  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 Vietnam Counteroffensive, Phase II. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  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, 60th 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.  However, the applicant's name is listed on the Vietnam Casualty Roster, showing that he was admitted for treatment of wounds received as a result of hostile action.  Therefore, the applicant should be awarded the Purple Heart.

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.  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, he is entitled to correction of his records to show these foreign unit awards.

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

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 May 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
9 May 1971.  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:

__KLW__  __KSJ___  __PHM__  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 him the Purple Heart for wounds received in action on 
18 March 1967;

	b.  awarding him the Army Good Conduct Medal for the period from 
13 May 1966 to 10 May 1968; and

	c.  showing, that, in addition to the awards shown on his DD Form 214, his authorized awards includes the Purple Heart, Army Good Conduct Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and one bronze service star to be affixed to his Vietnam Service Medal. 





_     _Kenneth L. Wright____
          CHAIRPERSON




INDEX

CASE ID
AR20060015884
SUFFIX

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

BOARD DECISION
GRAN
REVIEW AUTHORITY

ISSUES         1.
107.0015  
2.

3.

4.

5.

6.