RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070009562 


	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. William D. Powers

Chairperson

Mr. Gerald J. Purcell

Member

Mr. John G. Heck

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 for wounds received in the Republic of Vietnam on 4 May 1968.

2.  The applicant states that he underwent surgery by Naval Surgeons on board of the USS Repose for gunshot and shrapnel wounds suffered in combat and he was awarded the Purple Heart on board of that ship on or about 16 May 1968.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); a copy of General Orders Number 7585 awarding him the Bronze Star Medal with "V" Device; and a copy of the Veterans Administration (VA) Benefit Award, dated 29 January 1970, 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 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade the applicant attained while in military service was sergeant/pay grade E-5 (Temporary).  He was honorably discharged and transferred to the U.S. Army Reserve Control Group on 5 September 1969.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 24 February 1968 through 31 May 1968.  He was assigned to Company C, 1st Battalion, 5th Cavalry Regiment, 1st Cavalry Division.
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal with bronze service star, the Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, and the Bronze Star (1st Oak Leaf Cluster with "V" Device).  Item 24 does not list 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 U.S. Army Hospital, Camp Zama, Japan, on 31 May 1968 for hospitalization.

6.  Item 40 (Wounds) of the applicant's DA Form 20 shows the entry "fragment wound to the abdomen."  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

7.  The applicant's Standard Form (SF) 89 (Report of Medical History), dated 5 August 1969, shows the applicant was wounded in the Republic of Vietnam and that he was treated aboard a U.S. Navy Ship, the USS Repose. 

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 4 May 1968.

10.  The applicant's records contain a Department of the Army message gram, dated 6 May 1968, stating that the applicant was wounded in action when his unit was ambushed on 4 May 1968 as a result of shrapnel to the abdomen and he was treated at the 18th Surgical Hospital, Republic of Vietnam. 

11.  The applicant's records also contain a Western Union telegram, dated 7 May 1968, informing the applicant's next of kin that he was slightly wounded in the Republic of Vietnam on 4 May 1968 as a result of hostile action when his unit was ambushed.

12.  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.

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

14.  Headquarters U.S. Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 300, dated 27 October 1967, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 25 October 1967.

15.  Headquarters U.S. Army Training Center and Fort Polk, Fort Polk, Louisiana, Special Orders Number 009, dated 10 January 1968, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) on 1 December 1967.

16.  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 59, dated 1969.

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 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.

19.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

20.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET Counteroffensive and the Vietnam Counteroffensive Phase IV campaigns 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 and that one silver service star is worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

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

2.  The applicant's record shows that he sustained wounds in action in the Republic of Vietnam on 4 May 1968, was treated by military medical personnel, and the medical treatment was made a matter of official record.  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.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60).  Therefore, he is entitled to correction of his records to show these awards. 

4.  General Orders show the applicant’s unit 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. 

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

6.  Evidence of record confirms that the applicant served honorably during the period 8 September 1967 to 5 September 1969.  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, while serving in the rank of sergeant/E-5.







BOARD VOTE:

__wdp___  __gjp___  __jgh___  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.  showing award of the Purple Heart for wounds sustained in the Republic of Vietnam on 4 May 1968, the Army Good Conduct Medal for the period 8 September 1967 to 5 September 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16);

b.  deleting the already-awarded Vietnam Service Medal with bronze service star; and 

c.  adding the Vietnam Service Medal with two bronze service stars.



						William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009562
SUFFIX

RECON

DATE BOARDED
20071127
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.