RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070010817 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome J. Pionk

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, in effect, that he be awarded the Purple Heart.

2.  The applicant states that he was wounded the second week he was in Vietnam.  It was not a serious, life-threatening wound, but it was from combat and a medic treated him.  He was told he would get a Purple Heart but it was not entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 for the period ending          14 December 1972.

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 was inducted into the Army on 5 March 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to Company C, 3d Battalion, 7th Infantry, 199th Infantry Brigade on 18 August 1969.  

4.  The applicant was honorably discharged on 4 January 1970 for the purpose of immediate reenlistment.  His DD Form 214 for this period, if one was prepared, is not available.  He reenlisted on 5 January 1970.

5.  The applicant was reassigned to the 7th Support Battalion, 199th Infantry Brigade on 8 January 1970.  He was reassigned to the 725th Maintenance Battalion on 25 September 1970.  He was reassigned to Detachment 3, Headquarters and Headquarters Company, 2d Brigade, 25th Combat Service Support Battalion on 24 October 1970.
6.  On 28 January 1971, the applicant departed Vietnam after receiving credit for participating in five campaigns.

7.  On 5 December 1972, the applicant completed a separation physical.  On his Standard Form 93 (Report of Medical History), he indicated that the only injury, illness, or hospitalization he had was treatment for malaria in December 1969.

8.  The applicant was honorably released from active duty on 14 December 1972, in the rank and grade of Specialist Five, E-5, after completing a total of      3 years, 9 months, and 10 days of creditable active service with no lost time.

9.  The applicant’s DD Form 214 for the period ending 14 December 1972 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Bronze Star Medal, three Overseas Service Bars, the Mechanic Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Combat Infantryman Badge.

10.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show he was wounded.  His name is not listed on the Vietnam Casualty Roster.  Item 41 (Awards and Decorations) of his DA Form 20 does not show he was awarded the Purple Heart.

11.  There is no derogatory information in the applicant’s records, and his DA Form 20 shows his conduct and efficiency were rated as “excellent” throughout his service.

12.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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 by military medical personnel, and the medical treatment must have been made a matter of official record.

13.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign  Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 3d Battalion, 7th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 through      31 July 1970 on Department of the Army General Order (DAGO) Number 51, dated 1971.  

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 3d Battalion, 7th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 December 1965 through 31 August 1970 on DAGO Number 51, dated 1971.

17.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 7th Support Battalion, it was cited for award of the Meritorious Unit Commendation for the period 1 January 1969 through 30 June 1970 on DAGO Number 51, dated 1971.

18.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 725th Maintenance Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 on DAGO Number 5, dated 1973.

19.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation badge may not be worn, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record and the applicant provides none to show he was wounded in action or treated for such wounds.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart.

2.  The applicant was credited with participation in five campaigns.  Therefore, he is eligible to wear one silver service star on his Vietnam Service Medal, and his DD Form 214 should be amended to reflect this.

3.  The applicant was honorably released from active duty in the rank and grade of Specialist Five, E-5, after completing over 3 years of active service with no lost time.  His records contain no derogatory information, and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met the eligibility criteria for award of the Army Good Conduct Medal.

4.  The applicant was assigned to the 7th Support Battalion during a period of time it was cited for award of the Meritorious Unit Commendation; to the 3d Battalion, 7th Infantry, during a period of time it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and to the 725th Maintenance Battalion during a period of time it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Although the applicant may wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, his DD Form 214 should be amended to add both awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation plus the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__rtd___  __jrm___  __jjp___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  awarding him the first award of the Army Good Conduct Medal for the period 5 March 1969 through 4 March 1972; 

     b.  adding the Army Good Conduct Medal, the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214 for the period ending 14 December 1972; and

     c.  amending his DD Form 214 for the period ending 14 December 1972 to show he is eligible to wear one silver service star on his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.




	__Richard T. Dunbar___
          		CHAIRPERSON




INDEX

CASE ID
AR20070010817
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015
2.

3.

4.

5.

6.