RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070005978 


	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. Lester Echols

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

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 the Purple Heart for wounds received in the Republic of Vietnam. 

2.  The applicant states that he received the Purple Heart in 1968 in the Republic of Vietnam. 

3.  The applicant provides copies of his DD Form 214, photographs of his Purple Heart, award presentation, Purple Heart license plate, and vehicle registration.

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 5 December 1966, 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 64A1O (Light Vehicle Driver).

3.  On 26 December 1967, the applicant was assigned for duty as a light vehicle driver with 538th Transportation Company.  He served in this position until his return to the United States.

4.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 15 May 1968.  His wounds were not serious but did require hospitalization.  

5.  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.
6.  On 27 November 1968, the applicant returned to the United States.

7.  On 23 December 1968, the applicant was released from active duty and transferred to the United State Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E4 and had completed 
2 years and 19 days of creditable active duty.

8.  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.  It does not show award of the Purple Heart. 

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

10.  Special Orders Number 19, United States Army Training Center, Infantry, Fort Dix, New Jersey, dated 25 January 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

11.  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. 

12.  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.  

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with “1960-” Device.  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 Vietnam Campaign Medal.

14.  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 five campaign periods: the Vietnam Counteroffensive, Phase III, the TET 68 Counteroffensive, the Vietnam Counteroffensive, Phase IV, the Vietnam Counteroffensive, Phase V, and the Vietnam Counteroffensive, Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

15.  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 538th Transportation Company, during the time of the applicant's assignment, was cited in General Orders Number 37, dated 1970, for award of the Meritorious Unit Commendation. 

16.  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.  However, the applicant's name is listed on the Vietnam Casualty Roster showing that he was wounded in action and received medical treatment.  Therefore, the applicant should be awarded 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 his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.
4.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with “1960-“Device.  Therefore, his records should be corrected to show this award.

5.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

6.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.   Therefore, his records should be corrected to show this unit award.

7.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

BOARD VOTE:

__JTM ___  __LE ___  ___RTD  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 him the Purple Heart for wounds received in action on 15 May 1967;

b.  awarding him the Army Good Conduct Medal for the period from 
5 December 1966 to 23 December 1968; and

	



c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, Army Good Conduct Medal, Meritorious Unit Commendation, Vietnam Service Medal with one silver service star, Republic of Vietnam Campaign Medal with “1960-“Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.






__       Lester Echols______
          CHAIRPERSON




INDEX

CASE ID
AR20070005978
SUFFIX

RECON
 
DATE BOARDED
 20070823
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.