RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 July 2007
	DOCKET NUMBER:  AR20070000664 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jose A. Martinez

Member

Mr. William F. Crain

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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart.

2.  The applicant states that his DD Form 214 does not show the award of the Purple Heart for his wound received in action on 3 May 1970.  He sates, in effect, that his copy of the general order for the Purple Heart was never placed into his 201 file.  The copies of his general orders were sent to his home where they got lost.  

3.  He states that upon separation he mentioned there was an error on his records, but he was told he could get the error corrected at a later time.  He states that he was able to find a copy of the Casualty Report that shows he was wounded in action. 

4.  The applicant provides a copy of his DD Form 214 and a copy of a printout from the National Archives and Records Administration (NARA), U.S. Army Casualty Information System.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 26 September 1970.  The application submitted in this case is dated 3 January 2007.

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's records show that he entered active duty on 29 January 1968. He completed basic combat training and advanced individual training and was awarded the military occupational specialty 51N2O (Water Treatment Specialist).  

4.  His military records show that he served a tour with Headquarters and Headquarters Company (HHC), 31st Engineer Battalion in the Republic of Vietnam during the period 9 March 1969 to 2 February 1970.  

5.  Then he served with Headquarters and Headquarters Troop (HHT), 1st Squadron, 9th Cavalry, 1st Cavalry Division (Airmobile) in the Republic of Vietnam during the period 3 February 1970 to 25 September 1970.  He was honorably discharged on 26 September 1970.  He completed 2 years,  
7 months, and 28 days of active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Bronze Star Medal, Army Commendation Medal, Combat Infantryman Badge, and Air Medal.  However, it does not show the award of the Purple Heart.

7.  A DD Form 215 was later issued to show the applicant was awarded the Senior Aviation Crew Member's Badge, Expert Badge with Auto Rifle Bar, and Army Commendation Medal with "V" Device.

8.  The copy of the printout from NARA, U.S. Casualty Information System Report shows the applicant's name was listed among those wounded.  The applicant's entry contains the injury code "23" which indicates hostile wounded in action not serious hospitalized in Binh Duong on 3 May 1970.

9.  Also, a review of the Republic of Vietnam Casualty Roster show the applicant's name was listed among those wounded.  The applicant's entry contains the injury code "23" which indicates hostile wounded in action not serious hospitalized.  The roster further shows that the applicant sustained these injuries on 3 May 1970.

10.  Army Regulation 672-5-1 (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 by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

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

12.  Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 
672-5-1, notes that there is no automatic entitlement to the Army Good Conduct Medal and disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.

13.  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 document shows the unit, to which the applicant was assigned, HHC, 31st Engineer Battalion, was cited for an award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

14.  This Pamphlet also shows the unit, to which the applicant was assigned, HHT, 1st Squadron, 9th Cavalry, Headquarters, 1st Cavalry Division (Airmobile), was cited for an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

15.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the TET 69 Counteroffensive (23 February 1969 to 8 June 1969); Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970); DA Sanctuary Counteroffensive  
(1 May 1970 to 30 June 1970); and the Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD form 214 be corrected to show the award of the Purple Heart.

2.  The Republic of Vietnam Casualty Roster and the NARA, U.S. Casualty Information System Report shows the applicant sustained wounds as a result of hostile action on 3 May 1970.  This is sufficient evidence to meet the criteria for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 3 May 1970 and correction of his records to show this award.

3.  Records show he is entitled to the first award of the AGCM for the period  
29 January 1968 to 26 September 1970 based on completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service.  His records do not contain any adverse information.  Therefore, he is entitled to correction of her records to show this award.

4.  Evidence shows the applicant is entitled to the award of the Valorous Unit Award, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  Evidence shows that the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to one silver service star to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 September 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
25 September 1973.  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 are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

____jam_  ___jea___  ___wfc__  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 waive failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart for wounds sustained in the Republic of Vietnam on 3 May 1970, the AGCM the period 29 January 1968 to 26 September 1970, the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, and one silver service star to be affixed to his Vietnam Service Medal. 




__________James E. Anderholm_________
          CHAIRPERSON




INDEX

CASE ID
AR20070000664
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070712
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.