RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20070005376 


	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. Bernard P. Ingold

Chairperson

Mr. Thomas M. Ray

Member

Mr. Gerald J. Purcell

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, that he be awarded the Purple Heart and 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 in combat on 6 March 1967, was never awarded the Purple Heart, and no notation was ever made to his DD Form 214 to indicate he was wounded.

3.  The applicant provides a copy of his DD Form 214 and a copy of a Western Union Telegram 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's record shows he was inducted into the Army of the United States on 3 November 1965.  The applicant successfully completed basic combat training and advanced individual training at Fort Carson, Colorado.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 12B, Combat Engineer.  

3.  The applicant served in Vietnam from 7 August 1966 to 10 August 1967 and participated in two campaigns.  He was promoted to Specialist Four (SP4)/E-4 effective 15 September 1966.  He continued to serve until he was honorably released from active duty on 10 August 1967.  He was transferred to the U.S. Army Reserve (USAR).  He was honorably discharged on 2 November 1971.



4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14); and one Overseas Service Bar.  His DD Form 214 does not show any additional awards.

5.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 6 March 1967. 

6.  The applicant provided a copy of a Western Union telegram, dated 11 March 1967, which indicates that he was slightly wounded in Vietnam on 6 March 1967 as a result of hostile action.  He sustained a laceration above his left eye while on combat operations when hit by fragments from a hostile mine.  

7.  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.

8.  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.

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

10.  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.


11.  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 17, dated 1968, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO 60, dated 1969, 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 that the applicant was slightly wounded in Vietnam on 6 March 1967 as a result of hostile action.  Therefore, he is entitled to award of the Purple Heart and a correction of his records to show this award.

2.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 3 November 1965 to 10 August 1967 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.  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.

BOARD VOTE:

___BPI__  ___TMR _  __GTP__  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:

	a.  by awarding the applicant the Purple Heart for wounds received in action on 6 March 1967;

b.  awarding the individual the Good Conduct Medal, for the period 3 November 1965 to 10 August 1967; 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.




______Bernard P. Ingold______
          CHAIRPERSON




INDEX

CASE ID
AR20070005376
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070830
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670810
DISCHARGE AUTHORITY
AR 635-200, chapter 5
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.