RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  19 June 2007
	DOCKET NUMBER:  AR20070000535 


	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. Barbara J. Ellis

Chairperson

Mr. Frank C. Jones II

Member

Mr. Qawiy A. Sabree

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 poked in his left thigh by a punji stick while on patrol in the Republic of Vietnam.

3.  The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) with correction (DD Form 215), extracts of his military heath records, and a Department of Veterans Affairs Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 28 November 1969, the date of his release from active duty.  The application submitted in this case is dated 15 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.  On 22 April 1968, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B2P (Light weapons Infantryman/Airborne).

4.  On 28 November 1968, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 503rd Infantry Regiment (Airborne), 173rd Airborne Brigade, in the Republic of Vietnam.  

5.  On 3 January 1969, the applicant received medical treatment at the battalion aid station for an injury to his left thigh and was evacuated to the 67th Field Hospital.  There is no available evidence showing the circumstances of how or where he sustained this injury.  Medical records from the 67th Field Hospital are not available for review.

6.  The applicant’s name does not appear on the Vietnam Casualty Roster.

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

8.  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 medical treatment, and the treatment must have been made a matter of official record.  

9.  On 27 November 1969, the applicant was returned to the United States.

10.  On 28 November 1969, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 1 year, 
7 months and 7 days of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by DD Form 215, lists his awards as the National Defense Service Medal, Air Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, Parachutist Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It does not show award 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.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

14.  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.  
15.  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 four campaign periods: the Vietnam Counteroffensive, Phase VI, the TET Counteroffensive, 1969, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

16.  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 Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  

17.  On 8 October 2004, the Department of Veterans Affairs granted the applicant a ten per cent service connected disability for cellulites/scarring and nerve damage to his left thigh. This decision was based, in part, on the applicant’s statement that he injured his left thigh on a punji stick while on patrol in the Republic of Vietnam. 

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.  The evidence provided by the applicant shows that he had an injury to his left thigh, however, it does not substantiate that this injury was incurred as the result of enemy action.  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 Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 November 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
27 November 1972.  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 

  _BJE___  __QAS__  __FCJ __  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 
22 April 1968 to 28 November 1969; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards includes the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his 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 award of the Purple Heart.  




___   Barbara J. Ellis____
          CHAIRPERSON




INDEX

CASE ID
AR20070000535
SUFFIX

RECON
 
DATE BOARDED
 20070619
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.