RECORD OF PROCEEDINGS


	IN THE CASE OF:	     


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20070000505 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Ms. Sherri V. Ward

Chairperson

Mr. Richard T. Dunbar

Member

Mr. David W. Tucker

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 military records to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states that he was wounded in the line of duty and hospitalized in the Republic of Vietnam, but never received the Purple Heart.

3.  The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 25 January 1966, the date of his release from active duty.  The application submitted in this case is dated 24 August 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 28 January 1963, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 11B1P (Light Weapons Infantryman/Airborne).

4.  On 20 March 1964, the applicant was assigned for duty as a grenadier with the 2nd Battalion, 503rd Infantry Regiment, in Okinawa.

5.  On 5 May 1965, the applicant went with his unit from Okinawa to the Republic of Vietnam.  On 24 January 1966, he was returned to the United States.

6.  On 25 January 1966, the applicant was released from active duty.  He had attained the rank of private first class, pay grade E3 and had completed 2 years, 
11 months and 28 days of creditable active duty.



7.  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 Army Commendation Medal with “V” Device, Combat Infantryman Badge, Parachutist Badge, and the Vietnam Service Medal.  It does not show award of the Purple Heart.

8.  Item 27 (Wounds Received as a Result of Action with Enemy Forces) of the applicant’s DD Form 214, shows “None.”

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.  There are no available medical records showing that he was treated for a combat wound.

10.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.

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.  

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

13.  Item 38 (Record of Assignments) of the DA Form 20 shows that his conduct and efficiency were excellent. 

14. Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that special orders were issued awarding him the Expert Marksmanship Qualification Badge with Rifle (M14 and M16 rifles) and Flamethrower Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar for the M1 rifle.

15.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  

16.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

17.  Army Regulation 600-8-22 (Military Awards) 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.  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.  

18.  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 two campaign periods: the Vietnam Defense and the Vietnam Counteroffensive. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

19.  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, 503rd Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Presidential Unit Citation, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 







DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  There is no available evidence of record showing that he was wounded or hospitalized as a result of enemy action.  The applicant has not provided any convincing evidence or compelling argument to show that he is entitled to award of the Purple Heart.  Therefore, the applicant's request for 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.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation and the Meritorious Unit Commendation. Therefore, his records should be corrected to show these unit awards.

4.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle and Flamethrower Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show these awards.

6.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.

7.  Records show that the applicant served during 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 foreign award.

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

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 January 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
24 January 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 

_SVW__  __RTD__  ___DWT_    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 
28 January 1963 to 25 January 1966; and

c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the National Defense Service Medal, Presidential Unit Citation, Meritorious Unit Commendation, Army Good Conduct Medal, two bronze service stars to be affixed to his Vietnam Service Medal, the Republic of Vietnam Campaign Medal with "1960" Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle and Flamethrower Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar.





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 the Purple Heart.  




____Sherri V. Ward ______
          CHAIRPERSON



INDEX

CASE ID
AR20070000505
SUFFIX

RECON
 
DATE BOARDED
20070621
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.