RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  3 January 2008
	DOCKET NUMBER:  AR20070011543 


	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:


Ms. Ann M. Campbell

Chairperson

Mr. Dean A. Camerella

Member

Mr. Rodney E. Barber

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 that he was wounded in combat while serving in the Republic of Vietnam.

3.  The applicant did not provide any additional documentary evidence 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 initially enlisted in the Ohio Army National Guard (OHARNG) on 4 June 1956 and was honorably discharged on 3 June 1959.  He was later inducted into the Army of the United States on 
22 July 1959 and subsequent to his discharge on 20 June 1959, he enlisted in the Regular Army on 21 November 1959 for a period of 3 years followed by a reenlistment in the Regular Army on 5 February 1963 for a period of 6 years.  He was honorably discharged on 19 January 1969.

3.  The applicant's records show that he held military occupational specialty (MOS) 12B (Combat Engineer) throughout most of his military career.  His records further show that he served two overseas tours in Germany; one tour in Korea during the period 20 February 1963 through 4 March 1964; and one tour in the Republic of Vietnam during the period 21 January 1968 through 20 January 1969.  While in the Republic of Vietnam, he was initially assigned to Company B, 86th Engineer Battalion and served as a squad leader until 15 October 1968.  He was later reassigned to the 66th Engineer Company (Topography).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 19 January 1969, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Vietnam Campaign Medal.  Item 24 does not list award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains a blank entry.

6.  There are no General Orders in the applicant's records that show he was awarded the Purple Heart.  

7.  The applicant's records contain a Department of the Army message gram, dated 22 March 1968 that shows the applicant was wounded in action on 16 March 1968 while serving in the Republic of Vietnam as a result of metal fragment to the right arm when his location came under hostile attack.

8.  The applicant's records also contain a Western Union message that originated from the Adjutant General informing the applicant's son and brother that the applicant was slightly wounded in the Republic of Vietnam on 16 March 1968 as a result of hostile action when he received a metal fragment wounds to his right arm during a hostile mortar attack on his base camp.

9.  The applicant's name is shown on the Vietnam Casualty Roster under code "24" indicating that he was wounded as a result of hostile action and that his wound was not serious enough to require hospitalization.  The Vietnam Casualty Roster listed the date of injury as 16 March 1968.

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 an 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, 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.  Headquarters, United States Army Training Center Infantry, Fort Lewis, Washington, General Orders Number 217, dated 12 October 1967; show that the applicant was awarded the Good Conduct Medal for the period 5 February 1963 to 4 February 1966.

13.  A review of the applicant's service record shows no derogatory information that would disqualify him for the second 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.  Headquarters, United States Army Training Center Infantry, Fort Lewis, Washington, Special Orders Number 233, dated 29 August 1967; show that the applicant was awarded the Drill Sergeant Identification Badge on 18 December 1966.

16.  Headquarters, United States Army Training Center Infantry, Fort Lewis, Washington, Special Orders Number 233, dated 19 August 1967, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) on 14 August 1967.

17.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

18.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phases III, IV, V, and VI as well as the TET 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 and that one silver service star is worn instead of five bronze service stars.

19.  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.
20.  Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal-First Class           (22 October 1967-15 August 1969) based on Department of the Army General Orders Number 43, dated 1970.

21.  Department of the Army Pamphlet 672-3 shows that the 86th Engineer Battalion was awarded the Meritorious Unit Commendation during the period 1 May 1967 to 31 July 1968, based on Department of the Army General Orders Number 17, dated 1969.

22.  Department of the Army Pamphlet 672-3 shows that the 66th Engineer Company was awarded the Meritorious Unit Commendation during the period 1 January 1968 to 31 December 1968, based on Department of the Army General Orders Number 37, dated 1970.

23.  Army Regulation 600-8-22 states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows: the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, all air spaces above the land, and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  The applicant's records show that he sustained wounds in action in the Republic of Vietnam on 16 March 1968 when his base camp came under hostile mortar attack.  Additionally, the applicant's name is shown on the Vietnam Casualty Roster.  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.  General Orders show that the applicant was awarded the first award of the Good Conduct Medal and that this award is not shown in his records.  Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal (1st Award).

4.  Evidence of record confirms that the applicant served honorably during the period 5 February 1966 to 29 January 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the second 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 (2nd Award).

5.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Drill Sergeant Badge.  Therefore, he is entitled to correction of his records to show these awards. 

6.  General Orders show the applicant’s unit 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. 

7.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to his Vietnam Service Medal.

8.  Evidence of record shows that the applicant was assigned to the 86th Engineer Battalion during the period this unit was awarded the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show the Meritorious Unit Commendation.

9.  Evidence of record shows that the applicant was assigned to the 66th Engineer Company during the period this unit was awarded the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show a second award of the Meritorious Unit Commendation.

10.  The applicant's records show that the applicant served a qualifying period of service for award of the Korea Defense Service Medal.  Therefore, he is entitled to correction of his records to show this award.






BOARD VOTE:

__amc___  __dac___  __reb___  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.  awarding the applicant the Purple Heart for wounds sustained on 16 March 1968 while serving in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (2nd Award) for exemplary behavior, efficiency, and fidelity during the period 5 February 1966 to 29 January 1969; and 

	c.  showing award of the Purple Heart, the Good Conduct Medal (2nd Award), the Drill Sergeant Badge, the Sharpshooter Marksmanship Qualification Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, two awards of the Meritorious Unit Commendation, the Korea Defense Service Medal, and one silver service star to be affixed to his already issued Vietnam Service Medal.




						Ann M. Campbell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011543
SUFFIX

RECON

DATE BOARDED
20080103
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.