RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7August 2007
	DOCKET NUMBER:  AR20070004062 


	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:


Ms. Linda D. Simmons

Chairperson

Ms. Ernestine Fields

Member

Mr. Randolph J. Fleming

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart and that he be awarded any additional awards that he may be entitled to receive. 

2.  The applicant states, in effect, that a clerical error occurred in the preparation of his DD Form 214.  

3.  The applicant provides a copy of orders and a certificate awarding him the Purple Heart.  He also provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 9 August 1968, the date of his release from active duty.  The application submitted in this case is dated 6 March 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 on 12 August 1966.  The applicant successfully completed basic combat training at Fort Knox, Kentucky, and advanced individual training (AIT) at Fort Sill, Oklahoma.  On completion of AIT, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  

4.  The applicant was promoted to pay grade E-4 on 23 May 1968.  He 
served in Vietnam from 3 January 1967 to 2 January 1968.  He served on active duty until he was honorably released on 9 August 1968 and transferred to the United States Army Reserve (USAR) Control Group (Annual Training).  He was honorably discharged from the USAR on 11 August 1972.


5.  The applicant’s DD Form 214, shows he was awarded the National Defense Service Medal; the Vietnam Service Medal, with one bronze service star; the Republic of Vietnam Campaign Medal, two Overseas Service Bars; and the Expert Marksmanship Qualification Badge, with Rifle Bar.  His DD Form 214 does not show any additional awards.

6.  Item 40 of his DA Form 20 shows the entry "Shrapnel wound right leg 8Apr67."  Item 41 (Awards and Decorations) does show the Purple Heart. 

7.  The applicant provided a copy of General Orders Number 367, Headquarters, First Field Force Vietnam, dated 26 April 1967, and a certificate for award of the Purple Heart for wounds sustained as a result of hostile action on 8 April 1967, while serving in Vietnam.

8.  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.  There is also no evidence that his commanders took action to deny him award of the Army Good Conduct Medal.

9.  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.

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

11.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two 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.  


12.  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 70, dated 1969 and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO 54, dated 1974, 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 evidence of record shows the applicant was awarded the Purple Heart, for wounds sustained as a result of hostile action on 8 April 1967, while serving in Vietnam.  Therefore, this evidence is sufficient as a basis for correction of his records to show the Purple Heart.  

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 12 August 1966 to 9 August 1968 ending with termination of a period of Federal military service.

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

4.  The applicant's unit was cited for award of the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 9 August 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 8 August 1971.  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:

__LDS___  _RJF___  ___EF___  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.  adding the already-awarded Purple Heart (for wounds received on 
8 April 1967) to his DD Form 214; and

b.  awarding the individual the Good Conduct Medal, for the period 12 August 1966 to 9 August 1968; the Vietnam Service Medal, with two bronze service stars; the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to his DD Form 214.




____Linda D. Simmons___
          CHAIRPERSON




INDEX

CASE ID
AR20070004062
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070807
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19680809
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.