RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  21 June 2007
	DOCKET NUMBER:  AR20070000959 


	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 and Army Commendation Medal. 

2.  The applicant states that his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) does not reflect award of his Purple Heart or Army Commendation Medal.

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 25 November 1970, the date of his release from active duty.  The application submitted in this case is dated 10 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.  On 10 December 1968, the applicant enlisted in the Regular Army for 2 years. He completed his initial training and was awarded military occupational specialty 94B2O (Cook).

4.  Special Orders Number 14, 4th Advanced Individual Training Brigade, United States Army Training Center, Fort Gordon, Georgia, dated 21 January 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

5.  On 16 February 1970, the applicant was assigned for duty as a cook with the 815th Engineer Battalion, in the Republic of Vietnam.

6.  The Vietnam Casualty Roster shows that the applicant received wounds on 22 October 1970.  

7.  On 19 November 1970, the applicant was returned to duty from the Medical Holding Company.  He had been diagnosed with multiple fragment wounds of the neck, head, right arm, and back.  He had second degree burns of the right arm and bilateral perforated tympanic membranes.

8.  General Orders Number 973, 18th Engineer Brigade, dated 3 November 1970, awarded the applicant the Army Commendation Medal for meritorious service during the period from February to December 1970.

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.  

10.  On 25 November 1970, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 1 year, 
11 months and 6 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 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal. It does not show award of the Purple Heart or the Army Commendation Medal. 

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, 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.  

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 three campaign periods: the Vietnam Winter-Spring, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.  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 815th Engineer Battalion, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation. 

17.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1. There are no general orders that show the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster and there is evidence of record showing that he was wounded and received medical treatment.  Therefore, the applicant's request for award of the Purple Heart should be granted.

2.  General Orders show that the applicant was awarded the Army Commendation Medal.  Therefore, his records should be corrected to show this award.

3. 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.

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



5.  The applicant’s unit was subordinate to the Headquarters, United States Army Vietnam.  As such it 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.

6.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.

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

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 November 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
24 November 1973.  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:

_SVW__  __RTD__  ___DWT_    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 by:

	a.  awarding him the Purple Heart for wounds received in action against a hostile force on 22 October 1970, in the Republic of Vietnam;

	b.  awarding him the Army Good Conduct Medal for the period from 
10 December 1968 to 25 November 1970; and
	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit Commendation, Army Commendation Medal, Purple Heart, Army Good Conduct Medal, three bronze service stars to be affixed to his Vietnam Service Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.





____Sherri V. Ward _______
          CHAIRPERSON




INDEX

CASE ID
AR20070000959
SUFFIX

RECON
 
DATE BOARDED
20070621 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . .  
DISCHARGE REASON

BOARD DECISION
  GRANT  
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0020
3.

4.

5.

6.