RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2007
	DOCKET NUMBER:  AR20060016045 


	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:


Ms. Linda Simmons

Chairperson

Mr. Jerome Pionk

Member

Mr. Eddie Smoot

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.  He also requests, in effect, that entries on his DA Form 20 (Enlisted Qualification Record) be corrected.

2.  The applicant states, in effect, that his DA Form 20 shows that he received a contusion on his right abdomen on 16 April 1966; however, he never received the Purple Heart.  He also contends that the authority authorizing the Combat Infantryman Badge in item 41 (Awards and Decorations) on his DA Form 20 should be the 25th Infantry Division and not the 24th Infantry Division and that his dates of service in Hawaii, Vietnam, and Germany are incorrect on his DA Form 20.

3.  The applicant provides retirement orders; a DD Form 214 (Report of Transfer or Discharge); two certificates of training; a certificate of appreciation; and excerpts from his DA Form 20.     

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
31 August 1972.  The application submitted in this case is dated 6 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.  The applicant enlisted on 13 October 1949.  He remained on active duty through continuous reenlistments.  He was assigned to Company C, 
1st Battalion, 5th Infantry in Vietnam from 16 January 1966 through 
3 January 1967.  On 17 August 1969, he was honorably discharged for immediate reenlistment.  

4.  The applicant’s DD Form 214 for the period ending 17 August 1969 shows the Vietnam Service Medal, the Combat Infantryman Badge, the Good Conduct Medal (4th Award), the National Defense Service Medal with First Oak Leaf Cluster, the Republic of Vietnam Campaign Medal with Device 1960, two awards of the Overseas Service Bar, the Good Conduct Medal (5th Award), and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  There are no orders for the Purple Heart in the applicant’s service personnel records.  However, item 40 (Wounds) on the applicant’s DA Form 20 shows he sustained contusions to his right abdomen on 16 April 1966.  The Vietnam Casualty Roster also shows he was wounded on 16 April 1966. 

6.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

7.  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 Valorous Unit Award for actions during the period January to April 1966 based on Department of the Army General Orders Number 2, dated 1967.

8.  Department of the Army Pamphlet 672-3 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 48, dated 1971.

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 9, dated 1979.

10.  On 31 August 1972, the applicant retired in the rank of staff sergeant after completing over 22 years of active service. 

11.  The applicant’s DD Form 214 for the period ending 31 August 1972 shows the Good Conduct Medal (6th Award) as an authorized award.       

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 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.

14.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  Army Regulation 635-5, in effect at the time of the applicant's retirement, provided that all decorations, service medals, campaign credits, and badges awarded or authorized would be entered in item 24 of the DD Form 214.  

15.  At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.  
DISCUSSION AND CONCLUSIONS:

1.  The entry on the Vietnam Casualty Roster which shows the applicant was wounded on 16 April 1966 is accepted as sufficient evidence on which to award the Purple Heart and correct his DD Form 214 for the period ending 31 August 1972 to show this award.  

2.  The DA Form 20 is prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, there is no basis to make any changes to his DA Form 20.  

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.  Therefore, his DD Form 214 for the period ending 
31 August 1972 should be corrected to show this award.

4.  The applicant’s unit was cited for the Valorous Unit Award, 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.  Therefore, his DD Form 214 for the period ending 31 August 1972 should be corrected to show these unit awards.

5.  The governing regulation in effect at the time of the applicant's retirement provided that all decorations, service medals, campaign credits, and badges awarded or authorized would be entered in item 24 of the DD Form 214.  Therefore, it would be appropriate to correct item 24 on the applicant’s retirement DD Form 214 to add the Combat Infantryman Badge, the National Defense Service Medal with First Oak Leaf Cluster, the Republic of Vietnam Campaign Medal with Device 1960, two awards of the Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.   

6.  Records show the applicant should have discovered the alleged errors now under consideration on 31 August 1972; therefore, the time for the applicant to file a request for correction of any error expired on 30 August 1975.  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:

________  ________  ________  GRANT FULL RELIEF 

LS_____  __JP____  __ES____  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 Purple Heart for wounds received in action on 
16 April 1966 in Vietnam; and 

	b.  amending his DD Form 214 for the period ending 31 August 1972 to add the Purple Heart, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Combat Infantryman Badge, the National Defense Service Medal with First Oak Leaf Cluster, the Republic of Vietnam Campaign Medal with Device 1960, two awards of the Overseas Service Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and two bronze service stars for wear on the already-awarded Vietnam Service Medal. 
 
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 amending his DA Form 20.



__Linda Simmons_______
          CHAIRPERSON



INDEX

CASE ID
AR20060016045
SUFFIX

RECON

DATE BOARDED
20070508
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
100.0000
3.
107.0000
4.

5.

6.