RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070001961 


	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:


Mr. John Infante

Chairperson

Ms. Rose M. Lys

Member

Mr. James R. Hastie

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

2.  The applicant states that he was presented the Purple Heart when in the hospital but his military records were never updated.

3.  The applicant provides a copy of his DD Form 214, Enlisted Qualification Record (DA Form 20), and a Chronological Record of Medical Care (Standard Form 600) indicating that he received medical treatment for fragment wounds.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 14 September 1969, the date of his release from active duty.  The application submitted in this case is dated 31 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 8 December 1967, 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 11H1O (Direct Fire Crewman).

4.  On 4 June 1968, the applicant was assigned for duty as an ammunition bearer with Company E, 1st Battalion, 52nd Infantry Regiment, 198th Infantry Brigade, in the Republic of Vietnam. 

5.  The Standard Form 600, provided by the applicant, indicates that he received medical treatment for fragment wounds received on 26 January 1969.

6.  The Vietnam Casualty Roster contains the applicant’s name and indicates that he was wounded in action on 26 January 1969.  His wounds were not serious but required hospitalization.  
7.  On 17 May 1969, the applicant was returned to the United States for duty at Fort Bragg, North Carolina.

8.  On 14 September 1969, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E5 and had completed 1 year, 9 months, and 7 days of creditable active duty.

9.  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, Combat Infantryman Badge, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  It does not show award of the Purple Heart. 

10.   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.

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

12.  Special Orders Number 40, United States Army Training Center, Infantry, Fort Lewis, Washington, dated 9 February 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

13.  Special Orders Number 97, United States Army Training Center, Infantry, Fort Polk, Louisiana, dated 17 April 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.

14.  General Orders Number 3554, Headquarters, Americal Division, dated 
17 May 1969, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period from June 1968 to May 1969.

15.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  There is no evidence of record to show that he received any disciplinary action, or that the commander took any action to deny him the Army Good Conduct Medal.

16.  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. 

17.  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 IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the TET Counteroffensive, 1969.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

18.  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.  The applicant's name is listed on the Vietnam Casualty Roster.  The evidence provided by the applicant shows that he received wounds as a result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should 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.  General Orders show that the applicant was awarded the Army Commendation Medal.  Therefore, his records should be corrected to show this 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 qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Records show the applicant qualified as an expert with his recoilless rifle.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Recoilless Rifle Bar.

7.  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.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 September 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
13 September 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:

_ JRH __  __JI ____  __RML       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 26 January 1969;
b.  awarding him the Army Good Conduct Medal for the period from 
8 December 1967 to 14 September 1969; and

c.   showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, four bronze service stars to be affixed to his Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.




___ John Infante       __
          CHAIRPERSON




INDEX

CASE ID
AR20070001961
SUFFIX

RECON
 
DATE BOARDED
20070724   
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
               . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.