RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070007389 


	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. John Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 records to show award of the Purple Heart.

2.  The applicant states that he was awarded the Purple Heart on 2 September 1967, but it is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provided a copy of his DD Form 214 and a copy of a certificate showing he was awarded the Purple Heart for wounds received in action on 2 September 1967 in the Republic of Vietnam, in support of his application.

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 records show that he was inducted into the Army of the United States on 8 September 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).  The highest rank he attained while on active duty was specialist four/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 6 September 1968.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 11 July 1967 through 12 October 1967.  He was assigned to the 669th Transportation Company.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Marksmanship Qualification Badge with Rifle Bar (M-14). Item 24 does not show award of the Purple Heart..

5.  Item 38 (Records of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that the applicant was transferred as a patient to the 249th General Hospital, Japan, on 16 September 1967 for hospitalization.

6.  Item 40 (Wounds) of the applicant's DA Form 20 does not show any entries for wounds received and Item 41 (Awards and Decorations) does not show award of the Purple Heart.

7.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

8.  There are no general orders in the applicant's records to show he was awarded the Purple Heart.

9.  The applicant's name appears on the Vietnam Casualty Roster under Casualty Status 23, indicating hostile action/wounded in action, not seriously hospitalized.  The Vietnam Casualty Roster also lists the date of injury as 2 September 1967.

10.  the applicant submitted a certificate showing that he was awarded the Purple Heart for wounds received in action on 2 September 1967 in the Republic of Vietnam. 

11.  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 and 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 by military medical personnel, and the medical treatment must have been made a matter of official record.

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

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.
14.  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.

15.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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.

16.  Headquarters, 57th Transportation Company, Fort Devens, Massachusetts, Unit Orders Number 24, dated 30 June 1967, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar    (M-16).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart. 

2.  The applicant's records show that he sustained wounds in action in the Republic of Vietnam on 2 September 1967 and that he was transferred to a military hospital for treatment.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this award.

4.  Evidence of record confirms that the applicant served honorably during the period 8 September 1966 to 6 September 1968.  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 award of the Good Conduct Medal.

4.  Unit Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__js____  __jtm___  __dwt___  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 showing award of the Purple Heart for wounds sustained in the Republic of Vietnam on 2 September 1967, the Army Good Conduct Medal for the period
8 September 1966 to 6 September 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).



							John Slone
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070007389
SUFFIX

RECON

DATE BOARDED
20071018
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.