RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070011170 


	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. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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.

2.  The applicant states he sustained a shrapnel wound to the head in combat in 1969.  He was asked when he was leaving the service if he wanted to accept the Purple Heart, and he said “no.”

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 8 February 1968.  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 the Replacement Detachment, 23d Administration Company on 9 July 1968 and to Company A, 3d Battalion, 21st Infantry, 196th Infantry Brigade on 19 July 1968.  He departed Vietnam on 1 July 1969 after being credited with participation in four campaigns.

4.  The applicant was honorably released from active duty, in the rank and grade of Sergeant, E-5, on 6 February 1970 after completing 1 year, 11 months, and   29 days of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with 3 bronze service stars, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle bar, and the Army Commendation Medal.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show he was wounded.  His name is not on the Vietnam Casualty Roster.  His service medical records are not available.

6.  The applicant’s records contain no derogatory information.  His DA Form      20 shows his conduct and efficiency were rated as “excellent” throughout his service.

7.  Army Regulation 600-8-22 (Military Awards) states 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 by a medical officer, and the medical treatment must have been made a matter of official record.

8.  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.  

9.  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.

10.  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, 21st Infantry, it was cited for award of the Valorous Unit Award for the period 13 May through 17 June 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1972.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 3d Battalion, 21st Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period    16 April through 28 August 1969 by DAGO Number 6, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record to show that the applicant was wounded in action or treated for a wound received as a result of enemy action.  Regrettably, there is insufficient evidence that would warrant granting award of the Purple Heart at this time.

2.  The applicant was honorably released from active duty, in the rank and grade of Sergeant, E-5, on 6 February 1970 after completing almost 2 years of creditable active service with no lost time.  His records contain no derogatory information, and his DA Form 20 shows 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.

3.  The applicant met the eligibility criteria for the wear of 4 bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to reflect this fact.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__wdp___  __jlp___  __dws___  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 8 February 1968 through 6 February 1970; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear 4 bronze service stars on his already-awarded Vietnam Service Medal instead of the 3 bronze service stars now shown.

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. 




__William D. Powers___
          CHAIRPERSON




INDEX

CASE ID
AR20070011170
SUFFIX

RECON

DATE BOARDED
20080110
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.