RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 September 2007
	DOCKET NUMBER:  AR20070003839 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Mr. Dean A. Camarella

Member

Mr. Qawiy A. Sabree

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 was wounded while on a combat mission inside the “Iron Triangle” on 8 October 1965, while serving with E Troop,
17th Cavalry, 173rd Airborne in the Republic of Vietnam.  The applicant also states, in effect, that he underwent more than five operations over the course of seven months in various hospitals in the Republic of Vietnam, the Philippines, and the United States of America; however, he was never awarded the Purple Heart.  The applicant further states, in effect, that the award will allow him to apply to the Department of Veterans Affairs for additional disability compensation.

3.  The applicant provides no additional documents in support of his application.

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's military service records show that he was inducted into the Army of the United States on 27 November 1964.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 38 (Record of Assignments) of this document shows, in pertinent part, that he was assigned to Troop E, 17th Cavalry, 173rd Airborne in Vietnam from 19 May 1965 through 14 October 1965.  This item also shows that the applicant was medically evacuated from Vietnam on 18 October 1965, en route to Valley Forge General Hospital, Phoenixville, Pennsylvania.  Item 31 
(Foreign Service) shows that he served in the Republic of Vietnam from 17 May 1965 through 15 October 1965.  Item 39 (Campaigns) of this document is absent any entry.  Item 41 (Awards and Decorations) shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant’s military service records contain a copy of Headquarters,
U.S. Military Assistance Command, Vietnam, message, date-time-group 251201Z October 1965, subject: Casualty Report.  This document shows the applicant was wounded as the result of hostile action on 8 October 1965, at
1530 hours, while on a search and destroy mission in the Republic of Vietnam, when he was hit by fragments from a hostile booby trap.  Item 40 (Wounds) of the applicant’s  DA Form 20 contains the entry “Multiple fragment wound right side of face, right arm, both legs, right foot; 8 Oct 65.”  In addition, the applicant's name is listed on The Adjutant General, Casualty Division's, Vietnam Casualty Roster as being wounded in action on 8 October 1965.  However, there are no orders in the applicant’s military service records that show he was awarded the Purple Heart.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), issued at the time of his separation, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the National Defense Service Medal, Combat Infantryman Badge, and Parachutist Badge.  This document also shows that the applicant was honorably released from active duty (REFRAD) on 30 November 1966 after completing a total of 2 years and 4 days net active service.

6.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Defense Campaign.


9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Troop E, 17th Cavalry, 173rd Airborne (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 51 (1971).

10.  The applicant's military service records contain a copy of Headquarters Fort Polk, Fort Polk, Louisiana, Special Orders Number 76, dated 31 March 1965, which show that he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an 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 by military medical personnel, and the medical treatment must have been made a matter of official record.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, which includes the Vietnam Service Medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States 
for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

16.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.

17.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or for at least
30 consecutive days of the period cited.

18.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

19.  Army Regulation 670-1, in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he was wounded while on a combat mission in the Republic of Vietnam; however, he was never awarded the Purple Heart. 

2.  The evidence of record shows that the applicant was wounded on 8 October 1965, as a result of hostile action, while serving in the Republic of Vietnam. Therefore, he is entitled to correction his records to show award of the Purple Heart.

3.  The applicant is entitled to the first award of the Good Conduct Medal for the period 27 November 1964 through 30 November 1966 based on completion of a period 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 this award.

4.  Records show that the applicant served a qualifying period of service as a member of the Armed Forces of the United States in the Republic of Vietnam for award of the Vietnam Service Medal.  Therefore, he is entitled to correction of his records to show award of this service medal. 

5.  The evidence of record shows that the applicant served in one campaign in the Vietnam Conflict.  Therefore, he is entitled to correction of his records to show award of 1 bronze service star to be affixed to his Vietnam Service Medal.

6.  The evidence of record shows that the applicant served in the Republic of Vietnam from 17 May 1965 through 15 October 1965 and that he was medically evacuated from the theater of operations on 18 October 1965.  The evidence of record also shows that individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.  Therefore, the applicant is entitled to correction of his records to show award of this campaign medal.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

8.  Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge.
9.  The evidence of record shows that both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.  In this regard, records show that the applicant is credited with a qualifying period of 6 months in Vietnam for award of the Overseas Service Bar.  Therefore, he is entitled to correction of his records to show award of 1 Overseas Service Bar.

BOARD VOTE:

____JCR_  ___DAC_  ___QAS_  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding the applicant the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 8 October 1965;

b.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 27 November 1964 through
30 November 1966; and

	c.  correcting his DD Form 214, with an effective date of 30 November 1966, to add the Purple Heart, Good Conduct Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service Bar.




____Jeffrey C. Redmann____
          CHAIRPERSON

INDEX

CASE ID
AR20070003839
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/09/20
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19661130
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Expiration Term of Service
BOARD DECISION
GRANT 
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.

4.

5.

6.