RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070012302 


	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. Curtis Greenway

Chairperson

Mr. Joe R. Schroeder

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 that he was injured in an ambush in the Republic of Vietnam but was never awarded the Purple Heart.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DA Form 1594 (Daily Staff Journal or Duty Officer’s Log), dated 2 January 1968, 4 January 1968, and 1 April 1968.

	b.  Veterans Administration (VA) Form 21-523 (Disallowance, Disability or Death Claim), dated 2 July 1969.

	c.  Standard Form (SF) 502 (Clinical Record Narrative Summary), dated 15 February 1968.

	d.  SF 504 (Clinical Record History-Part I), dated 18 June 1968.

	e.  SF 505 (Clinical Record History-Part 2), dated 18 June 1968.

	f.  SF 506 (Clinical Record-Physical Examination), dated 18 June 1968.

	g.  SF 508 (Clinical Record-Doctor’s Orders), dated 18 June 1968 through 24 June 1968.

	h.  SF 509 (Clinical Record-Doctor’s Progress Notes), dated 19 June 1968 through 24 June 1968.

	i.  SF 510 (Clinical Record-Nursing Notes), dated 18 June 1968 through 20 June 1968.

	j.  SF 506 (Clinical Record-Temperature, Pulse, and Respiration), dated 18 June 1968 through 21 June 1968.

	k.  SF 504 (Clinical Record-Bacteriology and Hematology), dated 18 June 1968.
	l.  SF 514 (Clinical Record-Laboratory Report), dated 18 June 1968.

	m.  Department of Veterans Affairs Letters, dated 21 November 1994 and 16 May 1995.

n.  VA Form 21-6796 (Rating Decision), dated 1 July 1969.

o.  U.S. Army and Joint services Environmental Support Group, Letter, dated 20 September 1994.

p.  National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard), dated 6 September 1974.

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 was inducted into the Army of the United States on 1 December 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade he attained during his military service was private first class (PFC)/E-3.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 30 November 1968.

3.  The applicant’s records further show that he served in the Republic of Vietnam during the period 17 June 1967 through 18 June 1968.  He was assigned as a Rifleman in Company B, 3rd Battalion, 504th Infantry Regiment (Airborne). 

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 30 November 1968, and his DD Form 215 (Correction to DD Form 215), dated 21 July 2004, show he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Parachutist Badge, the Vietnam Campaign Medal, and the Combat Infantryman Badge.  Item 24 of his DD Form 214 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 and the applicant’s name is not shown on the Vietnam Casualty Roster.

7.  The applicant submitted a DA Form 1594, dated 1 April 1968, that shows his unit of assignment, B Company, 2nd Battalion, 327th Infantry received small arms fire from an ambush position while in a convoy and that as a result of this ambush, cargo shifted and injured three Soldiers who were medically evacuated.

8.  The applicant submitted SF 502, dated 18 June 1968, that shows he was admitted to a naval hospital in Hampton, South Carolina, where he was examined and tested positive for malaria.  He was discharged on 24 June 1968.

9.  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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

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

11.  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.

12.  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.

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

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phases III and IV 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.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.  

2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his records that shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam Casualty Roster.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case. 

3.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence of record confirms that the applicant served honorably during the period 1 December 1966 to 30 November 1968.  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 (1st Award).
5.  Evidence of 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 Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__cg____  __jrs___  __qas___  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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 December 1966 to 30 November 1968; and 

	b.  showing award of the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his already issued Vietnam Service Medal.

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 Greenway
______________________
          CHAIRPERSON




INDEX

CASE ID
AR200070012302
SUFFIX

RECON

DATE BOARDED
20080115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.