RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  7 February 2008
	DOCKET NUMBER:  AR20070013752 


	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. William D. Powers

Chairperson

Ms. Rose M. Lys

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 sustained wounds in combat on 22 February 1970 in the Republic of Vietnam. 

3.  The applicant provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 21 April 1971, 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 enlisted in the Regular Army on 5 June 1968 for a period of 2 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained during his military service was staff sergeant (SSG)/E-6.  He was placed on the Temporary Disability Retired List (TDRL) on 19 March 1971 and was subsequently permanently retired by reason of physical disability on 21 April 1971. 

3.  The applicant’s records show he served in the Republic of Vietnam during the period 22 June 1969 to 7 March 1970.  He was assigned to Company B, 1st Battalion, 501st Infantry, 173rd Airborne Brigade. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Air Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Ranger Tab, and the Combat Infantryman Badge.  Item 24 does not show award of the Purple Heart.
5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “Multiple Fragment Wounds, 22 February 1970.” 

6.  The applicant's name is shown on the Vietnam Casualty Roster under code "22" indicating he was wounded in action and that his wounds were serious enough to require hospitalization.

7.  The applicant's records contain a Department of the Army message, dated 4 March 1970, stating that the applicant was injured by fragments from a booby trap on 22 February 1970 that wounded his extremities, colon, face, and heart.  He was initially hospitalized in the Republic of Vietnam and subsequently evacuated to Camp Zama, Japan, and transferred to Walter Reed Army Hospital in Washington D.C for follow-on treatment and rehabilitation.  

8.  The applicant's records also contain a Western Union Telegram, dated 4 March 1970, informing the applicant's parents that he was seriously wounded in action in the Republic of Vietnam on 22 February 1970 as a result of hostile action.  He received fragment wounds to his extremities, colon, face, and heart when a booby trap exploded while in combat operations in the Republic of Vietnam.

9.  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.  This regulation further states that there is no time limit on submission of 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.  Headquarters, 173rd Airborne Brigade, General Orders Number 660, dated 28 March 1970; show the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from May 1969 to May 1970.

12.  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 and the Republic of Vietnam Civil Actions Honor Medal-First Class, based on Department of the Army General Orders Number 48, dated 1971.

13.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) 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 TET 69 Counteroffensive, 1969; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970 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.

15.  Headquarters, 2nd Basic Combat Brigade, Fort Jackson, South Carolina, Special Orders Number 142, dated 25 July 1969; show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14) on 24 July 1968.

16.  Headquarters, 2nd Basic Combat Brigade, Fort Jackson, South Carolina, Special Orders Number 155, dated 6 September 1968; show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) on 30 August 1968.

17.  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.

18.  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.

19.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a 

member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar. 

DISCUSSION AND CONCLUSIONS:

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

2.  Evidence of record shows that the applicant sustained a fragment wound to his extremities, colon, face, and heart, from a booby trap as a result of hostile action in the Republic of Vietnam on 22 February 1970; that he was treated by military medical personnel; and that his treatment was made a matter of official record.  Evidence of record further shows that the applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 22 February 1970.  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 the applicant was awarded the Bronze Star Medal for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam.  This award is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

4.  General Orders awarded the applicant’s unit 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 have his records corrected to show these awards.

5.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his records to show these awards.


6.  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 the Vietnam Service Medal.

7.  Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of one Overseas Service Bar.  Therefore, he is entitled to correction of his records to show this award.

8.  Evidence of record confirms that the applicant served honorably during the period 5 June 1968 to 21 April 1971.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first 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 this award.

BOARD VOTE:

__wdp___  __rml___  __qas___  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 received in action on 22 February 1970 in the Republic of Vietnam;

	b.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 5 June 1968 to 21 April 1971; and


	c.  showing award of the Purple Heart, the Bronze Star Medal, the Good Conduct Medal (1st Award), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, one Overseas Service Bar, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



					 William D. Powers
______________________
          CHAIRPERSON


INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.