RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011629 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy 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 correction of his military records to show award of the Purple Heart for injuries received in the Republic of Vietnam.

2.  The applicant states that he received a blow to his right upper arm while escaping from a guard tower during enemy rocket fire.  He further states that he has exhausted all sources known to him in an attempt to locate the medical records showing treatment for this injury, but did not find them.  

3.  The applicant provides no additional documentation. 

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.  On 5 August 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 63B2O (Wheel Vehicle Repairman).

3.  On 7 September 1970, the applicant was assigned for duty as a wheel vehicle mechanic with the 14th Signal Company, 37th Signal Battalion, in the Republic of Vietnam.  

4.  An electronic message, date/time group 011519Z December 1970, from the Commander, United States Army Vietnam, states that the applicant was admitted to the 95th Evacuation Hospital on 26 November 1970.  He was diagnosed with phlebitis [inflammation of a vein] of the right arm.  The message does not provide any information about how or under what circumstances he acquired this medical condition. 


5.  On 17 December 1970, the applicant was medically evacuated from the Republic of Vietnam to the United States Naval Hospital, Guam.  

6.   Standard Form 504 (Clinical Record History-Part I) completed at 2300 hours, 17 December 1970, states that the applicant complained of pain and swelling in his right arm following line of duty work on or about 25 November 1970.  

7.  On 24 December 1970, the applicant was further evacuated to Fort Carson, Colorado.

8.  On 1 March 1971, the applicant’s medical examination indicates that he was diagnosed with a thrombosis [blood clot] in his right auxiliary vein, was hospitalized for 90 days, and had a blood clot removed from his upper right arm in 1970.  The cause of this condition was not provided.

9.  On 8 March 1971, the applicant was released from active duty and transferred to the United States Army Reserve Control Group Annual Training.  He had attained the rank of specialist four and had completed 1 year, 7 months, and 
3 days of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal with one bronze service star, and the Republic of Vietnam Campaign Medal with “1960-” Device.  It does not show award of the Purple Heart, Army Good Conduct Medal, or any marksmanship badges. 

11.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded the Purple Heart. 

12.  The applicant’s name is not listed on the Vietnam Casualty Roster.

13.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.

14. Army Regulation 600-8-22 provides, in pertinent part, that 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, and the medical treatment must have been made a matter of official record.  

15.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

16.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

17.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 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.  

18.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows that he qualified as a sharpshooter with the M14 rifle. 

19.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence provided by the applicant shows that he had a medical condition to his right arm, however, it does not provide substantiating evidence that this condition was the result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show the applicant qualified as a sharpshooter with his rifle. Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__QS ___  __JRS __  __CLG __  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 Army Good Conduct Medal for the period from 
5 August 1969 to 8 March 1971; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.  





_     Curtis L. Greenway_____
          CHAIRPERSON


INDEX

CASE ID
AR20070011629
SUFFIX

RECON
 
DATE BOARDED
20080115 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.