RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060016965


	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. Hubert O. Fry, Jr.

Chairperson

Mr. Thomas E. O'Shaughnessy, Jr.

Member

Mr. James R. Hastie

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 a second award of the Purple Heart.

2.  The applicant states, in effect, that he received only one Purple Heart.  He further states that he should have received a second Purple Heart for being wounded in action in October, 1965 at Ple Mie, Vietnam. 

3.  The applicant provides no additional documentation. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 July 1966, the date of his release from active duty.  The application submitted in this case is dated 28 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 25 October 1963, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 91B2O (Medical Specialist).

4.  On 1 July 1965, the applicant was assigned for duty as a medical specialist with the 1st Battalion, 9th Cavalry Regiment, 1st Cavalry Division, Fort Benning, Georgia.  

5.  On 16 August 1965, the applicant went with his unit to the Republic of Vietnam. 

6.  General Orders Number 1494, United States Army Vietnam, dated 
8 November 1965, awarded the applicant the Purple Heart for wounds received on 6 November 1965, in connection with military operations against a hostile force.

7.  On 31 July 1966, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E5 and had completed 2 years, 
9 months and 6 days of creditable active duty.

8.  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, Bronze Star Medal with “V” Device, Purple Heart, Combat Medical Badge, Vietnam Service Medal, Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It does not show award of a second Purple Heart, Army Commendation Medal, Army Good Conduct Medal, or an individual award of the Republic of Vietnam Gallantry Cross with Silver Star. 

9.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214 shows he received a gun shot wound in his left hand on 6 November 1965.  There are no other entries in this item.

10.  There are no general orders in the applicant's records awarding him a second Purple Heart.  The applicant's name does not appear on the Republic of Vietnam Casualty Roster as the result of being wounded in October 1965.

11.  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 is issued to denote award of second and succeeding awards of the Purple Heart.

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

13.  General Orders Number 3131, 1st Cavalry Division, dated 5 September 1966, awarded the applicant the Army Commendation Medal for meritorious service during the period from December 1965 to August 1966.

14.  On 24 June 1967, the applicant was notified by letter, that he had been awarded the Republic of Vietnam Gallantry Cross with Silver Star, for his heroic actions on 1 November 1965, and that he was authorized to wear this foreign award on his uniform.

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

16.  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.  

17.  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 following three campaign periods: the Vietnam Defense, the Vietnam Counteroffensive, and 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.  

18.  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 1st Battalion, 9th Cavalry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Presidential Unit Citation.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with "1960" Device.  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 and contributed 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 wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.  






DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded a second Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster. The applicant has not provided any evidence showing that he received a second wound as a result of enemy action.  Therefore, the applicant's request for a second award of the Purple Heart 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 Army Commendation Medal for meritorious service during the period from December 1965 to August 1966.  Therefore, his records should be corrected to show this award.

4.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

5.  The applicant served a qualifying period in the Republic of Vietnam for award of the Republic of Vietnam Campaign Medal with "1960" Device.  Therefore, his records should be corrected to show this award.

6.  Records show that the applicant was awarded the Republic of Vietnam Gallantry Cross with Silver Star, for his heroic actions on 1 November 1965, and that he was authorized to wear this foreign.  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 31 July 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
30 July 1969.  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 

__JRH __  __HOF __  __TEO _  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 
25 October 1963 to 31 July 1969; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Presidential Unit Citation, Army Commendation Medal, Army Good Conduct Medal, one bronze service star to be affixed to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Silver Star, and the Republic of Vietnam Campaign Medal with “1960” Device.

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 a second Purple Heart.  




_     _Hubert O. Fry, Jr.______
          CHAIRPERSON




INDEX

CASE ID
AR20060016965
SUFFIX

RECON
 
DATE BOARDED
 20070522
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.