RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070012159 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. James Vick

Chairperson

Mr. Thomas Ray

Member

Mr. Jeffrey Redmann

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, award of the Purple Heart. 

2.  The applicant states, in effect, that he earned the Purple Heart in combat while serving in Vietnam but it was never awarded. 

3.  The applicant provides copies of several documents from his medical records, a statement from a former United States (US) Special Forces Medic, who was present when the incident occurred in 1968, and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his request. 

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 record shows he enlisted in the Regular Army on 23 March 1966.  He successfully completed basic combat training and advanced individual training at Fort Bliss, Texas.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.  He was awarded the primary MOS of 91B2P on 28 March 1967.   

3.  The applicant was promoted to pay grade E-5 on 14 September 1967.  He     served in Vietnam from 16 December 1967 to 15 December 1968, with Headquarters and Headquarters Company, 5th Special Forces Group, Airborne, 1st Special Forces and with the Advisory Team 64, IV Corps Advisory Group, US Military Assistance Command-Vietnam.  He served until he was released from active duty on 12 December 1968.  


4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Republic of Vietnam Campaign Medal; the Vietnam Service Medal; the Combat Medical Badge; and the Parachutist Badge.  His DD Form 214 does not show any additional awards.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations). 

6.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

7.  The applicant provided several medical documents from his medical records which show that he was injured on 22 May 1968 while serving in Vietnam due to hostile small arms fire during a firefight.  He received a gunshot wound to his right shoulder which was considered in the line of duty and the surgeon agreed.  The medical documentation indicated that the Purple Heart was earned but not awarded.  Additional documentation attached show that he continued to be seen for his injury.

8.  The applicant provided a copy of a statement from a former US Special Forces Medic, who was present when the incident occurred in 1968.  The medic describes the events that occurred in the spring of 1968.  He stated that he was the only American medic not hit by enemy fire.  He worked on the wounded and the applicant was one of the Americans wounded.  He states that the applicant had taken an AK49 (sic AK47) round to the top of his shoulder.  He states that the applicant was hospitalized and was granted permission to finish his tour in Vietnam.

9.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

10.  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 by military medical personnel, and the medical treatment must have been made a matter of official record. 

11.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the five bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  A silver service star is authorized in lieu of five bronze service stars.

12.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Presidential Unit Citation by Department of the Army General Orders (DAGO) Number 45, 1969; the Meritorious Unit Commendation by DAGO Number 70, dated 1969; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 59, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 48, dated 1971, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant received a gunshot wound to his right shoulder on 22 May 1968 while serving in Vietnam. This evidence shows that his injury incurred as a result of hostile small arms fire during a firefight.  Therefore, this evidence is sufficient to approve award of the Purple Heart and correct his records to show this award.

2.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself for this award.  He is therefore eligible for award of the Good Conduct Medal for the period 23 March 1966 to 12 December 1968.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in five campaigns and he is therefore, entitled to award of one silver service star to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited for award of the Presidential Unit Citation; the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.



BOARD VOTE:

__JV____  ___TR___  ___JR__  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 the applicant the Purple Heart; the Good Conduct Medal, for the period 23 March 1966 to 12 December 1968; the Vietnam Service Medal, with one silver service star; the Presidential Unit Citation; the Meritorious Unit Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these awards to his DD Form 214.




______James Vick________________
          CHAIRPERSON




INDEX

CASE ID
AR20070012159
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080122
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19681212
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.