RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 December 2007
	DOCKET NUMBER:  AR20070011295 


	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. Jeffrey C. Redmann

Chairperson

Mr. John G. Heck

Member

Mr. Qawiy A. 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 award of the Purple Heart.

2.  The applicant states, in effect, that he sustained wounds in combat as a result of hostile action while in the Republic of Vietnam, but was never awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 February 1972 and a copy of his DA Form 20 (Enlisted Qualification Record), 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 enlisted in the Regular Army on 22 July 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 62E (Crawl Tractor Operator).  The highest rank he attained during his military service was specialist five (SP5)/E-5.  He was honorably released from active duty on 26 February 1972 and transferred to the U.S. Army Reserve Control Group (Annual Training).

3.  The applicant's records also show that he served in the Republic of Vietnam during the period 24 December 1969 through 18 November 1970.  He was assigned to the 60th Engineer Battalion (Land Clearing).  

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, 
the Republic of Vietnam Campaign Medal, the Vietnam Service Medal, two Overseas Service Bars, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 contains the entry "shrapnel wounds to the head on 27 May 1970."  Item 41 (Awards and Decorations) shows award of the Purple Heart.  However, the applicant’s records do not contain General Orders which authorized him award of the Purple Heart.

6.  The applicant's name is shown on the Vietnam Casualty Roster, under code "23" indicating he was wounded in action and that his wound was not serious, but required hospitalization.

7.  The applicant's medical records show that on 27 May 1970, while assigned to a land clearing unit in the Republic of Vietnam, a Rocket Propelled Grenade (RPG) round hit a tree in advance of the applicant and a fragment of that round hit the applicant in his head.  He was treated by military medical personnel with sutures and returned to his unit within a few days.

8.  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.

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

10.  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.

11.  Department of the Army Pamphlet 672-3 also shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal-First Class based on Department of the Army General Orders Number 43, dated 1970.

12.  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.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive 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.

14.  Headquarters, U.S. Army Training Center, Infantry and Fort Dix, Fort Dix, New Jersey, Special Orders Number 265, dated 22 September 1969, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), on 29 August 1969, and the Expert Marksmanship Qualification Badge with Grenade Bar, on 5 September 1969. 

15.  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.

16.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant sustained a fragment wound to his head as a result of hostile action in the Republic of Vietnam on 27 May 1970, that he was treated by military medical personnel, and that his treatment was made a matter of official record.  Evidence of record further shows that the applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 27 May 1970.  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.

2.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards. 

3.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Grenade Bar, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards. 

4.  Evidence of record confirms that the applicant served honorably during the period 22 July 1969 through 26 February 1972.  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.

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

BOARD VOTE:

__jcr___  __jgh___  __qas___  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 27 May 1970, awarding him the Army Good Conduct Medal for the period 22 July 1969 to 26 February 1972, and by correcting his records to show award of the Purple Heart, the Army Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions 

Honor Medal-First Class, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Grenade Bar, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



							Jeffrey C. Redmann
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070011295
SUFFIX

RECON

DATE BOARDED
20071213
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.