RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070013729 


	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. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David Gallagher

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, that his award of the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that he was awarded the Purple Heart while serving on active duty; however, his DD Form 214 does not reflect this award. 
He adds that while responding to a mortar round hitting a helicopter hangar, he was burned and received cuts for which he was awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 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 was inducted on 15 March 1968.  He successfully completed basic combat training and advanced individual training at Fort Polk, Louisiana.  On completion of his training, he was awarded the military occupational specialty (MOS) 70A (Clerk).  He was promoted to pay grade E-4 on 21 January 1969.

3.  The applicant was reclassified to MOS 71H (Personnel Records Specialist), on 28 January 1969.  He served in Vietnam from 18 March 1969 to 13 March 1970.  He served until he was honorably released from active duty on 13 March 1970. 




4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign 
Medal; two Overseas Service Bars, the Army Commendation Medal; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  His DD Form 214 does not show any additional awards.

5.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. 

6.  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). 

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

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart while serving 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.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying 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.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.


12.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the three 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. 

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation, by Department of the Army General Orders (DAGO) Number 53, dated 1970; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 42, dated 1972; while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty List; and there are no medical records available to show that he was treated for a wound as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.

2.  The applicant alleges that while responding to a mortar round hitting a helicopter hangar, he was burned and received cuts for which he was awarded the Purple Heart; however, he has provided no evidence, and there is none available to the Board, to support his allegation or to show that he was awarded the Purple Heart.  

3.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 15 March 1968 to 13 March 1970.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to be awarded three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, 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:

________  ________  ________  GRANT FULL RELIEF 

__RTD__  ___DG___  ____T __  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Good Conduct Medal for the period 15 March 1968 to 13 March 1970; the Vietnam Service Medal, with three bronze service stars; the Meritorious Unit Commendation; 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 and its addition to his DD Form 214.




	_____Richard T. Dunbar_______
          		CHAIRPERSON




INDEX

CASE ID
AR20070013729
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080228
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700313
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY//GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.