RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070002225 


	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

Ms. Joyce A. Wright

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, in effect, award of the Purple Heart.

2.  The applicant states, in effect, that he does not have a Purple Heart for being wounded in Vietnam on Thanksgiving Day, in 1968.  

3.  The applicant provides no additional documentation in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 March 1970, the date of his release from active duty.  The application submitted in this case is dated 28 January 2007 but was received for processing on 7 February 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 record shows he was inducted into the Army of the United States (AUS) on 1 April 1968.  The applicant successfully completed basic combat training (BCT) at Fort Lewis, Washington, and advanced individual training at Fort Leonard Wood, Missouri.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 12B, Combat Engineer.  

4.  The applicant was promoted to pay grade E-4 on 17 November 1968.  He served in Vietnam from 30 August 1968 to 26 August 1969.  He served until he was released from active duty on 31 March 1970.  He was transferred to the     U. S. Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged on 1 March 1974.




5.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded the National Defense Service Medal; the Air Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Vietnam Service Medal; and the Republic of Vietnam Campaign Medal.  His DD Form 214 does not show any additional awards.

6.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations). 

7.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

8.  The applicant's medical records are unavailable for review.

9.  The applicant's records contain a copy of Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 8551, dated 11 July 1969, which shows that he was awarded the Army Commendation Medal, for meritorious service in connection with military operations against a hostile force, from August 1968 to August 1969, while he served in Vietnam.  This award is not shown on his DD Form 214.

10.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

11.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

13.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation
in each campaign.

14.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation, by Department of the Army General Orders (DAGO) Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO 42, dated 1972, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant alleges that he was wounded in Vietnam on Thanksgiving Day, in 1968.  However, there is no evidence, and he has provided none, to support his allegation.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound that he might have received as a result of hostile action.  Therefore, he is not entitled to correction of his records to show the award of the Purple Heart.

2.  The evidence of record shows that the applicant was awarded the Army Commendation Medal, on 11 July 1969, for meritorious service in connection with military operations against a hostile force, from August 1968 to August 1969, while he served in Vietnam.  This evidence is sufficient as a basis for correction of his records to show the already-awarded Army Commendation Medal.

3.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 1 April 1968 to 31 March 1970 ending with termination of a period of Federal military service.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns and he is therefore, entitled to be awarded four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Meritorious Unit Commendation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, while he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.
6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 March 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 March 1973.  Although the applicant did not file within the ABCMR's 3-year 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:

________  ________  ________  GRANT FULL RELIEF 

__JRH __  __JI ____  __RML__  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 

	a.  adding the already-awarded Army Commendation Medal to his DD Form 214; and
	
b.  awarding the applicant the Good Conduct Medal, for the period 1 April 1968 to 31 March 1970; the Vietnam Service Medal, with four bronze service stars; the Meritorious Unit Commendation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and adding these awards to his DD Form 214.

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.




______John Infante________
          CHAIRPERSON

CASE ID
AR20070002225
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070724
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700331
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY/GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
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