RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	21 August 2007  
	DOCKET NUMBER:  AR20070002716 


	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. Phyllis B. Mackey 

Analyst


The following members, a quorum, were present:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine Moya

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 an application submitted through the Veterans Administration Office, in effect, that he be awarded the Purple Heart and that it be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was wounded on 30 June 1966, while serving in the Republic of Vietnam and should be awarded the Purple Heart.

3.  The applicant provides a copy of pages from his health care records, describing the treatment he received at the 25th Aviation Battalion dispensary, in support of his request.  

CONSIDERATION OF EVIDENCE: 

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant is requesting correction of an alleged error or injustice, which occurred on 12 October 1967, the date of his release from active duty.  The application submitted in this case is dated 1 January 2007.

3.  The applicant’s records show that he was inducted into the Army of the United States on 13 October 1965.  After completing all required training, he was awarded the military occupational specialty (MOS), 76A (Unit and Organization Supply Specialist).

4.  The applicant served in Vietnam from 16 March 1966 through 22 February 1967.  He was initially assigned to Company A, 175th Aviation Company USARPAC (United States Army Pacific), and on 5 May 1966, he was reassigned to Company A, 25th Aviation Battalion, 25th Infantry Division.  

5.  The applicant was honorably released from active duty and transferred to the United States Army Reserve, on 12 October 1967, under the provisions of Army Regulation (AR) 635-200.  He was assigned SPN (Separation Program Number) 201 (Expiration of Term of Service).  He was separated in the rank and pay grade of Specialist Five, E-5.  On the date he was released from active duty, he had completed 2 years of active military service, with no lost time.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form
214, shows he was awarded:  the National Defense Service Medal; the Vietnam Service Medal, with Bronze Service Star (1); the Republic of Vietnam Campaign Medal, with Device 60; the Army Commendation Medal; one overseas service bar; and the Expert Marksmanship Qualification Badge, with Rifle Bar.  The Purple Heart is not shown on the applicant's DD Form 214.

7.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to show that he received a wound in action against a hostile force.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

10.  The applicant's name does not appear on the Vietnam Casualty List.

11.  The applicant submitted 3 documents related to treatment he received for a fragment injury he sustained to his right wrist.  The applicant was treated at the 25th Aviation Battalion Dispensary and was an inpatient at the 93rd Evacuation Hospital from 11 July 1966 to 18 July 1966 for removal of foreign body from his right hand.

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

13.  While in the Republic of Vietnam, the applicant participated in two campaigns:  the Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966; and the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967.  The applicant was awarded the Vietnam Service Medal with one bronze service star; however, evidence shows that the applicant is entitled to award of one additional bronze service star to be affixed to his Vietnam Service Medal. 

14.  AR 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.

15.  AR 672-5-1, in effect at the time of the applicant's separation 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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

17.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to, the 25th Aviation Battalion, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period March 1966 through August 1968, by Department of the Army General Order (DAGO) Number 48, dated 1971; the Valorous Unit Award on 19 Jul 1966, by DAGO Number 17, dated 1968; the Meritorious Unit Commendation on the period of 2 April through
 31 December 1966, by DAGO 43, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 31 March 
1966 through 21 January 1970, by DAGO 53, dated 1970.

18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was wounded in action on
30 June 1966 while he was serving in the Republic of Vietnam.  

2.  Based on all the facts and circumstances in this case, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.

3.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself from this award.  He is therefore entitled to award of the Good Conduct Medal for the period 13 October 1965 through 12 October 1967.

4.  The applicant served in two campaigns while stationed in the Republic Vietnam from 16 March 1966 through 22 February 1967.  He is therefore entitled to award of the Vietnam Service Medal, with two bronze service stars, to denote his campaign participation credit and to have them added to his DD Form 214.

5.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Valorous Unit Award; the Meritorious Unit Commendation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.









BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_CM____  ___DD__   ___EM __  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

a.  deleting the Vietnam Service Medal, with one bronze star, from the applicant's DD Form 214;

	b.  awarding the applicant the Vietnam Service Medal, with two bronze service stars, to denote his campaign participation credit;

	c.  awarding the applicant the Good Conduct Medal for the period 
13 October 1965 through 12 October 1967; and

d.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the Valorous Unit Award; and the Meritorious Unit Commendation, and adding these unit 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.  





_____Conrad V. Meyer___
          CHAIRPERSON




INDEX

CASE ID
AR20070002716
SUFFIX

RECON

DATE BOARDED
20070821
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015 PH
2.

3.

4.

5.

6.