RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070003923 


	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. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

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 two Purple Hearts for wounds received in the Republic of Vietnam.

2.  The applicant states that he was wounded in each of his legs.

3.  The applicant provides copies of his DD Form 214 and his medical examination.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant be awarded two Purple Hearts.

2.  Counsel states that the applicant served in a Ranger Company in the Republic of Vietnam for a year as part of the 4th Infantry Division.  He is a highly decorated combat veteran having earned the Bronze Star Medal with “V” Device for heroism and gallantry in action.  He also earned the Combat Infantryman Badge and an Army Commendation Medal.  Counsel further states that the applicant’s medical records show he received wounds to his legs from shell fragments and an enemy rifle bullet; and a second injury when he stepped into a punji stick pit.   

3.  Counsel provides no additional documentation.

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.  On 11 February 1969, 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 11B1O (Light Weapons Infantryman).

3.  On 26 July 1969, the applicant was assigned for duty as a rifleman with Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division, in the Republic of Vietnam.  On 7 October 1969, he was reassigned for duty as a scout observer with Company K, 75th Infantry Regiment, 4th Infantry Division.  While with this unit, he also performed duties as a radio operator and assistant team leader.

4.  General Orders Number 7881, 4th Infantry Division, dated 12 December 1969, award the applicant the Bronze Star Medal with “V” Device for heroism on 
10 October 1969, in connection with military operations against an armed hostile enemy in the Republic of Vietnam.  The citation does not indicate that he received any wounds as a result of his heroic actions on that day.

5.  On 10 July 1970, the applicant was returned to the United States for duty at Fort Carson, Colorado.

6.  The medical documentation provided by the applicant shows that he underwent a separation medical examination at Fort Carson, on 6 January 1971. In item 33 of the report of Medical History the applicant stated that he had received a fragmentation wound, a bullet wound from an AK-47 [enemy rifle], and had injured his left index finger on a punji stick while in the Republic of Vietnam.  At the bottom of the form the doctor noted “wounds of legs from frag and AK-47 are well healed and present no problems.”

7.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  Item 40 (wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank. 

9. 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.

10.  On 10 February 1971, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E5 and had completed 2 years of creditable active duty.
11.  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, Air Medal, Bronze Star Medal with “V” Device, Army Commendation Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with “1960-“Device, Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It does not show award of the Purple Heart. 

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

13.  Special Orders Number 86, United States Army Training Center, Armor, Fort Knox, Kentucky, dated 27 March 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

14.  Special Orders Number 138, United States Army Training Center, Infantry, Fort Polk, Louisiana, dated 11 June 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

15.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show 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 three campaign periods: the Vietnam Counteroffensive, Phase VI, the TET 69 Counteroffensive, and the Vietnam Summer-Fall 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 Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Brigade, 4th Infantry Division, during the time of the applicant's assignment, was cited in General Orders Number 53, dated 1970, for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation. 

19.  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 not listed on the Vietnam Casualty Roster.  The evidence provided by the applicant indicating that he had sustained wounds in the Republic of Vietnam is insufficient as a basis for award of the Purple Heart.  There is no evidence showing that he received medical treatment for these wounds.  Therefore, he has not established a basis for award of the Purple Heart.  

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that an oversight occurred when he was not awarded the Army Good Conduct Medal for his service.  Accordingly, he should be awarded this medal.

3.  Special Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show these awards.

4.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.
5.  General Orders show the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_PMS___  __REB__  ___RCH _  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.  awarding him the Army Good Conduct Medal for the period from 
11 February 1969 to 10 February 1971;

	b.  deleting the Vietnam Service Medal with two bronze service stars; and

c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Vietnam Service Medal with three bronze service stars, Expert Marksmanship Qualification Badge with Machinegun Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

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 two Purple Heart Medals.  




__        Paul M. Smith__________
          CHAIRPERSON




INDEX

CASE ID
AR20070003923
SUFFIX

RECON
 
DATE BOARDED
20070828 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.