RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  13 March 2008
	DOCKET NUMBER:  AR20070014093 


	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. Mark D. Manning

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Rowland C. Heflin

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, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states that on 5 March 1968, he was wounded but never received the Purple Heart.

3.  The applicant provides copies of letters written in 1978 concerning disability benefits, Department of Veterans Affairs statements in support of claims, medical diagnosis and letters dated in 1978, a 6 March 1968 letter he wrote to his parents from the Republic of Vietnam, and a 25 March 1968 letter to a Grand Rapids radio station.  

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 12 October 1966, 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 (MOS) 11B (Light Weapons Infantryman).

3.  Unit Orders Number 11, 1st Armored Division, Fort Hood, Texas, dated 
5 March 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

4.  On 13 March 1967, the applicant was assigned for duty as a personnel carrier driver with C Troop, 1st Squadron, 1st Cavalry Regiment, 1st Armored Division.

5.  On 28 August 1967, the applicant deployed with his unit to the Republic of Vietnam.
6.  On 22 February 1968, the applicant was assigned duty as a squad leader in C Troop, 1st Squadron, 1st Cavalry Regiment, 1st Armored Division.

7.  On 1 August 1968, the applicant was returned to the United States.

8.  On 5 August 1968, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 1 year, 
9 months, and 24 days of creditable active duty.

9.  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, Bronze Star Medal, Combat Infantryman Badge, Vietnam Service Medal, Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross [with Bronze Star], Expert Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart. 

10.  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 a Purple Heart.

11.  The applicant’s name is not listed on the Vietnam Casualty Roster.  His Army medical records are not available for review.

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

13. 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.  

14.  A review of the supporting documentation provided by the applicant shows that in 1978, he received a service-connected disability based on wounds he sustained to his forehead.  The applicant wrote in a 4 October 1978 letter that he sustained shrapnel wounds to the left side of his head during a combat operation and was subsequently evacuated to a hospital for treatment.   

15.  Review of the applicant's record 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.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 1st Squadron, 1st Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 60, dated 1969, for award of the Valorous Unit Award.    

20.  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 an injury to the left side of 
his head; however, it does not provide substantiating evidence that this injury was the result of enemy action or that he received medical treatment at the time. 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 that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

5.  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.

6.  Unit orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__MDM__  __RCH__  __JCR__  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 
12 October 1966 to 5 August 1968; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Valorous Unit Award, Army Good Conduct Medal, four bronze service stars to be affixed to his already-awarded Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Machinegun Bar to be affixed to his already-awarded Expert Marksmanship Qualification Badge.

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.




	__     Mark D. Manning____
          		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.