RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070009824 


	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 correction of his records to show award of the Purple Heart for injuries suffered in the Republic of Vietnam on 1 May 1968 (sic).

2.  The applicant states that the Purple Heart is not listed on his military records and that in order to receive medical benefits from the Department of Veterans Affairs (VA) he needs to show the Purple Heart on his records. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), 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 16 March 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 57H (Cargo Handler).  The highest grade the applicant attained while in military service was private first class/pay grade E-3 (Permanent) and specialist four/pay grade E-4 (Temporary).  He was honorably discharged and transferred to the U.S. Army Reserve Control Group (Annual Training) on 14 March 1969.

3.  The applicant's records further show that he served in the Republic of Vietnam during the period 24 August 1967 through 23 August 1969.  He was assigned to the 264th Transportation Company.

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 Campaign Medal with Device (1960), the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and two Overseas Service Bars.  Item 24 does not list award of the Purple Heart.

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

6.  There are no general orders in the applicant's records to show he was awarded the Purple Heart.  The applicant's medical records are not available for review with this case.

7.  However, 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 18 May 1968.

8.  The applicant's records contain a Department of the Army message gram, dated 21 May 1968, stating that the applicant was slightly wounded in action on 18 May 1968 in the Republic of Vietnam, as a result of fragment wounds to the left leg, left arm, and forehead.

9.  The applicant's records also contain a Western Union Telegram, dated
23 May 1968, informing the applicant's parents that he was slightly wounded in the Republic of Vietnam on 18 May 1968 as a result of hostile action.  He received fragment wounds to the left leg, the left arm, and the forehead, and that he was in a bunker when he was hit by fragments from a hostile rocket.

10.  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.

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

12.  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.
13.  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.

14.  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.

15.  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.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET Counteroffensive and the Vietnam Counteroffensive Phases III, IV, and V 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was awarded the Purple Heart because of injuries sustained in the Republic of Vietnam.

2.  The applicant's record contains a Western Union Telegram sent to his parents confirming that he was slightly wounded in action in the Republic of Vietnam on 18 May 1968 as a result of hostile action.  The applicant’s name also appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 18 May 1968.  Therefore, he is entitled to award of the Purple Heart and to correction of his records to show this award.

3.  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. 



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

5.  Evidence of record confirms that the applicant served honorably during the period 16 March 1967 to 14 March 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 and to correction of his records to show this award.

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 awarding him the Purple Heart for wounds sustained in the Republic of Vietnam on 18 May 1968, awarding him the Army Good Conduct Medal for the period 14 March 1967 to 16 March 1969, and by showing award of the Purple Heart, the Army Good Conduct Medal,  the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



							William D. Powers
	______________________
          		CHAIRPERSON


INDEX

CASE ID
AR20070009824
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.