RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 June 2007
	DOCKET NUMBER:  AR20060017714 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Margaret K. Patterson

Chairperson

Ms. Ronald D. Grant

Member

Ms. Rowland C. Heflin

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 records to show award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart for wounds he received from shrapnel on 4 July 1966 while serving in Vietnam. 

3.  The applicant provides a DD Form 214 with the ending period 28 December 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 December 1966.  The application submitted in this case is dated 
12 December 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 in the Regular Army on 5 March 1964 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).  

4.  The applicant arrived in Vietnam and was assigned to the 13th Security Detachment on or about 17 March 1965.  He was reassigned to A Company, 2nd Battalion, 18th Infantry on or about 7 March 1966.  He departed Vietnam on 
3 December 1966 after being credited with participating in three campaigns.  

5.  On 28 December 1966, the applicant was honorably released from active duty in the rank of Specialist Four/E-4 after completing 2 years, 9 months, and 24 days of creditable active service with no time lost.

6.  The applicant's DD Form 214 with the period ending 28 December 
1966 shows he was awarded the Bronze Star Medal with "V" Device, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, and the Combat Infantryman Badge.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) show the entry "Leg (left) LocNihn Province Vietnam 4 July 66."

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.

8.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.  

9.  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.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the 2nd Battalion, 18th Infantry it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
12 July 1965 through 16 October 1968 based on Headquarters, Department of the Army General Orders Number 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to 2nd Battalion, 18th Infantry it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 July 1965 through 7 April 1970 based on Headquarters, Department of the Army General Orders Number 53, dated 1970.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for 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.  There are no general orders awarding the applicant the Purple Heart.  However, the entry on his DD Form 214 shows that on 4 July 1966 he received a wound to his left leg by enemy forces.  

2.  Based on the foregoing, it is clear that the applicant was wounded as a result of hostile action and was treated for the wound.  Therefore, the applicant is entitled to award of the Purple Heart for a wound sustained as a result of hostile action on 4 July 1966.

3.  The applicant was separated in the rank of Specialist Four with almost 
3 years of creditable active service with no time lost.  Therefore, it appears he met the eligibility criteria for award of the Army Good Conduct Medal for the period 5 March 1964 through 28 December 1966 based on completion of a period of qualifying service. 

4.  The applicant was assigned to a unit during a period of time this 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.  His participation in three campaigns makes him eligible to wear three bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 December 1966.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
27 December 1969.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

__MKP  _  __RDG__  ___RCH_  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:

	a.  by awarding him the Purple Heart for wounds sustained on 4 July 1966;

b.  by awarding the applicant the Army Good Conduct Medal 1st Award for the period 5 March 1964 through 28 December 1966; and

	c.  by amending his DD Form 214 to add the Purple Heart , the Army Good Conduct Medal 1st Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be worn on his already awarded Vietnam Service Medal.  




__ Margaret K. Patterson __
          CHAIRPERSON




INDEX

CASE ID
AR20060017714
SUFFIX

RECON

DATE BOARDED
14 JUNE 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.