RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070008756 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Ms. Linda Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawly Sabree

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 the award of the Purple Heart for injuries he sustained while serving in the Republic of Vietnam.

2.  The applicant states, in effect, that he was injured while serving with the 4th Battalion (Airborne), 503rd Infantry and that he did not receive the Purple Heart Medal prior to his departing the Republic of Vietnam. 

3.  The applicant provides copies of the "Annual Supplement to the History of the 4th Battalion, 503rd Infantry, 173rd Airborne Brigade (Separate)" dated January to March 1967; three separate 4th Battalion (Airborne), 503rd Infantry Combat After Action Reports dated 17 March 1967, 13 April 1967 and 5 May 1967; and two personal witness statements 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 military record shows he was inducted into the Army of the United States on 13 October 1965 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 12A (Combat Engineer).  The highest rank he attained while serving on active duty was specialist four/pay grade E4. 

3.  The applicant was assigned to Company C, 4th Battalion (Airborne), 503rd Infantry, in the Republic of Vietnam during the period 26 June 1966 to 3 June 1967.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating that the applicant received any wounds.  
5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart or the Army Good Conduct Medal.

6.  On 13 September 1967, the applicant was examined by military medical personnel at Fort Campbell, Kentucky.  The reason for the examination was for his expiration of his term of service.  The Standard Form 88 (Report of Medical Examination) does not show any entry that would indicate the applicant was injured during his period of service.  The applicant authenticated this form in his own handwriting and further stated that there had been no significant change in his health since his last physical.  Records show he received an entrance physical and a separation physical.

7.  On 12 October 1967, the applicant was released from active duty due to the expiration of his term of service.  He had completed 2 years of net active service that was characterized as honorable.  He was transferred to the United States Army Reserve Control Group (Reinforcement).

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with an effective date of 12 October 1967, which he authenticated in his own handwriting, does not show the award of the Purple Heart or the Army Good Conduct Medal.

9.  There are no general orders in the applicant's military service records awarding him the Purple Heart.

10.  The applicant's name does not appear on the Vietnam Casualty Roster.

11.  The applicant provided two personal statements from witnesses who state that he was wounded during Operation Cedar Fall.  

	a.  The first witness, Thomas E. C_____, states in pertinent part, that he was the Senior Medic of Headquarters and Headquarters Company, 4th Battalion, 503rd Infantry, during the period June 1966 through June 1967.  He states the company sustained 16 wounded Soldiers during this operation on 13 January 1967, and that he made the decisions as to who was medically evacuated to military treatment hospitals and who was bandaged and returned to their fighting positions.  Thomas E. C_______ states that he remembers the applicant and that all Soldiers injured on 13 January 1966 received the Purple Heart.  He further states that he believes it was an oversight on the part of the Battalion S1 as to why the applicant did not receive his Purple Heart. 

	b.  The second witness states, in pertinent part, that he knows the applicant and that he was on Operation Cedar Fall when the applicant was wounded.

12.  The applicant provided one historical supplement to the History of the 4th Battalion (Airborne), 503rd Infantry, 173rd Airborne Brigade (Separate) for the period January through March 1967 which shows the personnel by name, rank, company of assignment, and the date Soldiers that were killed in action or wounded in action.  The applicant's name is listed in the section titled "Personnel Wounded in Action" with his date of injury listed as 13 January 1967.  

13.  The applicant provided copies of three separate after action reports (AAR) for the 4th Battalion (Airborne), 503rd Infantry.  The first AAR is dated 17 March 1967, and the name of the operation was "Junction City Alternate" with the inclusive dates of the operation from 19 February 1967 to 15 March 1967.  The second ARR is dated 13 April 1967, and the name of the operation was "Junction City-2" with the inclusive dates of the operation from 20 March 1967 to 13 April 1967.  The third AAR submitted is dated 5 May 1967, its name is "Operation NEWARK", and the inclusive dates of the operation are from 26 April 1967 to 30 April 1967.  The applicant's name is not listed in the annex titled "Personnel Wounded in Action" in any of the AARs submitted as supporting evidence by the applicant. 

14.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that during the time of the applicant’s assignment to Company C, 4th Battalion, 503rd Infantry, the unit received the following unit awards:

	a.  The Presidential Unit Citation (Army) for the period from 7 October to 4 December 1966 based on Department of the Army General Order (DAGO) Number 32, dated 1973.

	b.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 5 May 1965 to 26 September 1970, based on DAGO Number 51, dated 1971.

	c.  Meritorious Unit Commendation for the period 5 May 1965 to 4 May 1967 based on DAGO Number 48, dated 1968. 

16.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Counteroffensive (25 December 1965 to 30 June 1966) and the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) campaigns. 

17.  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.

18.  The applicant's military service records do not contain orders for the award of the Army Good Conduct Medal.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of "excellent" throughout his service.

19.  Army Regulation 600-8-22 states, in pertinent part, that the Army 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.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is, no automatic entitlement to the Army Good Conduct Medal disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded in the Republic of Vietnam and that he is entitled to award of the Purple Heart.  The applicant's military personnel records do not contain orders awarding the Purple Heart nor does his DD Form 20 contain any entry showing he was wounded and that he was awarded the Purple Heart.  His name is not listed on the Vietnam Casualty Roster nor do his military medical records contain any entry to show he was wounded and that he received medical treatment for wounds sustained as a result of hostile fire.  The witness statements he provided do not state in specific detail how he was injured, if hostile enemy forces caused the injury or that the former Soldiers who wrote supporting witness statements were actually present when the applicant was wounded.  In the absence of supporting medical documents and other pertinent substantiating evidence, there is insufficient evidence upon which to base award of the Purple Heart in this case  

2.  Based on the applicant's commander's determination that the applicant was fully qualified for reenlistment and the absence of evidence showing disqualification, the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 13 October 1965 to 12 October 1967 ending with termination of a period of Federal military service. 

3.  Based on the applicant's service with Company C, 4th Battalion, 503rd Infantry, he is authorized the Presidential Unit Citation (Army), the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his previously awarded Vietnam Service Medal.  

5.  Evidence shows that the applicant’s records contain administrative error, which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LS____  ___CD __  __QS ___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned and recommends denial of so much of the application that pertains to the award of the Purple Heart.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show the applicant was awarded the Army Good Conduct Medal for the period of service from 13 October 1965 to 12 October 1967, the Presidential Unit Citation (Army), the Meritorious Unit Commendation, two bronze service stars to be worn on his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  




_____ Linda Simmons______
          CHAIRPERSON




INDEX

CASE ID
AR20070008756
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071114
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY/W NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.