RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060015977 


	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

Ms. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Kenneth Wrigth

Chairperson

Mr. Patrick McGann

Member

Ms. Karmin 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 award of the Purple Heart.

2.  The applicant states that he was wounded in Vietnam and evacuated back to the States due to his extensive injuries.  He contends that his wounds were received during battle in Vietnam and resulted in his medical discharge.

3.  The applicant provides a letter, dated 13 November 2006, from the National Personnel Records Center in St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 29 June 1970.  The application submitted in this case is dated 6 September 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 on 30 January 1969.  He arrived in Vietnam on 
29 June 1969.  He served as a light weapons infantryman assigned to Company C, 1st Battalion, 12th Cavalry of the 1st Cavalry Division in Vietnam from 3 July 1969 until he was wounded in action on 28 July 1969 and transferred to Japan on 7 August 1969 for further medical treatment.  On 29 June 1970, the applicant was released from active duty in the rank of private first class after serving 1 year and 5 months of creditable active service with no time lost.  He was placed on the Temporary Disability Retired List (TDRL) the following day with a disability rating of 30 percent.  On 30 September 1971, the applicant was removed from the TDRL with a permanent disability rating of 30 percent and permanently retired on 1 October 1971.    




4.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Marksman Marksmanship Qualification Badge with 
Rifle Bar (M-16), and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) as authorized awards. 

5.  There are no orders for the Purple Heart in the available records.  However, the applicant’s Medical Board Proceedings state that he sustained multiple fragment wounds on 28 July 1969 from an exploding grenade while on duty in Vietnam.

6.  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 show he received conduct and efficiency ratings of “excellent” throughout his service.

7.  Records show the applicant participated in one campaign during his assignment in Vietnam.   

8.  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 the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 11, dated 1973.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

10.  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.  

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal with Device 1960.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam 
for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for 
award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

12.  Army Regulation 672-5-1, 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

13.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  The medical evidence of record which shows the applicant was wounded from an exploding grenade on 28 July 1969 in Vietnam is accepted as sufficient evidence on which to base award of the Purple Heart in this case. Therefore, the applicant is entitled to award of the Purple Heart and correction of his DD Form 214 to show award of the Purple Heart.

2.  The applicant is entitled to award of the Republic of Vietnam Campaign Medal with Device 1960 because he qualified for award of the Vietnam Service Medal and was evacuated prior to completing six months of service due to wounds resulting from hostile action.




3.  The applicant was placed on the TDRL in the rank of private first class with 
17 months of creditable active service with no time lost.  Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 30 January 1969 through 29 June 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

4.  The applicant participated in one campaign during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one bronze service star.

5.  The applicant's unit was cited 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 while he was assigned to it.

6.  Records show the applicant should have discovered the alleged error now under consideration on 29 June 1970; therefore, the time for the applicant to file a request for correction of any error expired on 28 June 1973.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

KW_____  __PM___  __KJ____  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 28 July 1969 in Vietnam; 

	b.  awarding him the first award of the Good Conduct Medal for the period 30 January 1969 through 29 June 1970; and 

	c.  amending his DD Form 214 to add the Purple Heart, the Good Conduct Medal, the Republic of Vietnam Campaign Medal with Device 1960,  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.




____Kenneth Wright____
          CHAIRPERSON



INDEX

CASE ID
AR20060015977
SUFFIX

RECON

DATE BOARDED
20070510
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.