RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20070001233 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Scott W. Faught

Member

Ms. Ernestine L. Fields

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 award of the Purple Heart.

2.  The applicant states that the Purple Heart was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) upon his discharge.

3.  The applicant provides a copy of his Purple Heart Certificate in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 28 March 1969, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 5 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 the applicant enlisted in the Regular Army on 31 March 1966.  He completed combat basic training and was awarded the military occupational specialty (MOS) 11C (Indirect Fire Crewman).  The applicant served a tour of duty in the Republic of Vietnam during the period 14 October 1966 through 21 May 1968.  

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show award of the Purple Heart or the Army Good Conduct Medal.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant sustained shrapnel wounds in both arms on 3 June 1967.  Item 41 (Awards and Decorations) does not show award of the Purple Heart or the Army Good Conduct Medal.

6.  The applicant’s records do not contain general orders which authorized him award of the Purple Heart.

7.  The applicant's name is not shown on the Vietnam Casualty Roster.

8.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 are no time limitations for requests for award of the Purple Heart.

10.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.

11.  Army Regulation 672-5-1, in effect at the time, provides that the 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.

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

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

14.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III, and the Tet Counteroffensive during his tour of duty in the Republic of Vietnam.  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.  Headquarters, 1st Brigade, 101st Airborne Division, General Order Number 1923, dated 22 September 1967, shows that the applicant was awarded the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period 14 September 1966 to 13 September 1967.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for wounds in both arms sustained as a result of hostile action on 3 June 1967.

2.  The applicant's records show that he sustained shrapnel wounds to his arms as a result of hostile action in the Republic of Vietnam on 3 June 1967.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  Evidence of record confirms that the applicant served honorably during the period 31 March 1966 to 28 March 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  General Orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this award.

6.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the previously awarded Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 March 1969, therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 March 1972.  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 is no statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

_ENA_____  _EF___  __SWE__  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 showing award of the Purple Heart for wounds sustained in the Republic of Vietnam on 3 June 1967, the Army Good Conduct Medal, the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his previously issued Vietnam Service Medal.





_____Eric N. Andersen____
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.