RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 September 2007
	DOCKET NUMBER:  AR20070006385 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Thomas A. Pagan

Chairperson

Mr. Eric N. Anderson

Member

Mr. Paul M. Smith

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 award of the Purple Heart.

2.  The applicant states that on 13 October 1967, during an ambush patrol of his unit’s perimeter in the Republic of Vietnam, he was hit by enemy fire and sustained a machinegun fragment wound to his chin.  He further states that he believed his chain of command would send his award to him after his separation from the Army in December 1967.

3.  The applicant provided the following documents in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge);

	b.  Department of Veterans Affairs (DVA) Rating Decision dated 21 October 2006;

	c.  DA Form 20 (Enlisted Qualification Record);

	d.  Standard Form (SF) 88 (Report of Medical Examination), dated 12 November 1965, for pre-induction;

	e.  DD Form 1380 (U.S. Field Medical Card), dated 13 October 1967;

	f.  SF 603 (Dental Health Record), dated 10 January 1966;

	g.  DA Form 2658 (Health Records Abstract of Service);

	h.  SF 88, dated 25 December 1967, for Separation;

	i.  SF 600 (Chronological Record of Medical Care), dated 13 October 1967;

	j.  SF 600, dated 8 February 1966; and

	k.  SF 601 (Immunization Record).


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 that he was inducted in the Army of the United States on 4 January 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 12B (Pioneer/
Combat Engineer).  The highest grade the applicant attained during his military service was the grade of sergeant/pay grade E-5.

3.  The applicant’s record shows that he served in the Republic of Vietnam during the period 9 January 1967 through 21 December 1967.  He was assigned to Troop I, 3rd Squadron, 11th Armored Cavalry Regiment. 

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 does not show any entries for wounds received. 

6.  Item 41 (Awards, Decorations and Campaigns) of the applicant’s DA Form 20 does not show award of the Purple Heart.

7.  The applicant’s records do not contain general orders which authorized him award of the Purple Heart.

8.  The applicant's name is not shown on the Vietnam Casualty Roster.


9.  The applicant provided a copy of the DVA rating decision dated 21 October 2005.  This correspondence shows that the applicant was evaluated for post-traumatic stress disorder (PTSD), which resulted in an increase in his disability rating to 70 percent.

10.  The applicant provided a copy of his pre-induction report of medical examination dated 12 November 1965 which shows that the he was fully qualified for induction.

11.  The applicant provided a copy of his dental records showing that he underwent a periodic dental examination on 10 January 1966 and found in need of some dental work as evidenced by dental classification “2.”

12.  The applicant provided a copy of his DD Form 1380 showing that he was injured in his chin during an ambush patrol on 13 October 1967 and was treated by a medical officer.  The medical form further shows that the wound was cleaned, dressed, and sutured and the applicant returned to duty.  This form also states in Item 16 (Nature of Casualty or Illness) that the injury was due to enemy action.

13.  The applicant provided a copy of his chronological record of medical care which shows on 13 October 1967, he was treated at the 3rd Squadron, 11th Armored Cavalry Regiment aid station for a laceration of the chin that resulted from fragments of machinegun bullets.  He received "5.0 sutures X 3" and returned to duty.

14.  The applicant provided a copy of his separation report of medical examination dated 24 December 1967 which shows that he was fully qualified for separation.

15.  Army Regulation 600-8-22 (Military Awards) 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, and the medical treatment must have been made a matter of official record.

16.  A review of the applicant's records indicates that the applicant is entitled to additional awards not shown on his DD Form 214.

17.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.
18.  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.  

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders 28 dated 1969.

20.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time the applicant was assigned to the 3rd Squadron, 11th Armored Cavalry Regiment it was awarded the Valorous Unit Award on 19 June 1967 and on 21 July 1967 based on Department of the Army General Orders 1, dated 1969.

21.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the 3rd Squadron, 11th Armored Cavalry Regiment was also awarded the Meritorious Unit Commendation during the period 13 September 1966 through 31 May 1967 based on Department of the Army General Orders 32, dated 1969.

22.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase III campaign during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

23.  Headquarters, 5th Engineer Battalion (Combat), Fort Leonard Wood, Missouri, Special Orders Number 224, dated 16 November 1966, show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained while serving in the Republic of Vietnam.  


2.  The submitted medical documents show that the applicant was treated for a wound or injury incurred while in action against the enemy or as a result of hostile action.  Therefore, there is sufficient evidence upon which to base award of the Purple Heart in this case.

3.  General Orders show the applicant served in a unit that was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

4.  General Orders show the applicant served in a unit that was awarded the Valorous Unit Award in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show this award.

5.  General Orders show the applicant served in a unit that was awarded the Meritorious Unit Commendation in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show this award.

6.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in one campaign while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one bronze service stars to be affixed to the Vietnam Service Medal.

7.  Evidence of record confirms that the applicant served honorably during the period 4 January 1966 through 25 December 1967.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion 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 the first award of the Good Conduct Medal.

8.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his records to show this badge.








BOARD VOTE:

__tap___  __ena___  __pms___  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 awarding the applicant the Purple Heart for wounds received in action on
13 October 1967, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, the Meritorious Unit Commendation, the Good Conduct Medal for the period 4 January 1966 through 25 December 1967, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.



							Thomas A. Pagan
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070006385
SUFFIX

RECON

DATE BOARDED
20070913
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.