RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 February 2008 
	DOCKET NUMBER:  AR20070014105 


	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:


Ms. Linda D. Simmons

Chairperson

Ms. LaVerne Douglas

Member

Mr. John Heck

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 the medic did not complete the paperwork at the time of the incident.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), a copy of his DD Form 215 (Correction to DD Form 214), and two witness statements 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 24 February 1966.  He successfully completed basic combat training and advanced individual training at Fort Campbell, Kentucky.  On completion of his training, he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman.  

3.  The applicant served in Vietnam from 25 June 1967 to 24 January 1969.  He was promoted to pay grade E-5 on 1 February 1968.  He served until he was honorably released from active duty on 24 January 1969. 

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; the Bronze Star Medal, and the Parachute Badge.  His DD Form 214 does not show any additional awards.

5.  The applicant provided a copy of his DD Form 215, dated 20 November 2006, which shows he was awarded the Combat Infantryman Badge.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record), shows the entry "Fractured R/Ankle 23Mar68" (23 March 1968).  Item 41 (Awards and Decorations) does not show the Purple Heart. 

7.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 23 March 1968. 

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart.

9.  Item 41 (Awards and Decorations) of his DA Form 20, shows that he was awarded two awards of the Bronze Star Medal.  Item 41 is posted to show the applicant was awarded a Bronze Star Medal by 101st Air Cavalry Division General Orders Number 3850, dated 18 July 1968.  Only one award of the Bronze Star Medal is shown on his DD Form 214.  

10.  The applicant's records contain a copy of Headquarters, 101st Airborne Division General Orders Number 98, dated 7 January 1969, which shows that he was awarded the Bronze Star Medal, for meritorious service in connection with military operations against a hostile force, during the period 1 April 1968 to 30 November 1968, while serving in Vietnam.

11.  Item 38 (Record of Assignments) of his 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.  There is also no evidence that his commanders took action to deny him award of the Army Good Conduct Medal.

12.  The applicant provides two witness statements from former Soldiers who served with him in Vietnam and who elaborated on a collection of events that occurred prior to and during their assignment in Vietnam.  The witnesses indicated that they saw the applicant being wounded on 27 July 1967, that medical personnel never wrote up the necessary paper work for award of the Purple Heart, and that the applicant was well deserving of this award. 


13.  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.

14.  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.  

15.  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.

16.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 43, dated 1970 and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO 48, 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 fractured his right ankle on 23 March 1968 as a result of enemy action.  He is listed on the Vietnam Casualty List for a wound received in action on the same date; therefore, this evidence is sufficient to approve award of the Purple Heart to the applicant and correct his records to show this award.

2.  Witness statements provided the applicant by Soldiers who served with him in Vietnam were considered; however, there is no evidence to corroborate the applicant was wounded on 27 July 1967.  The applicant is therefore not entitled to award of a Purple Heart for a wound he allegedly sustained on 27 July 1967.


3.  The evidence of record shows the applicant was awarded the Bronze Star Medal, with 1st OLC; however, it was omitted from his DD Form 214.  The applicant is therefore entitled to correction of his DD Form 214 to show the already-awarded second Bronze Star Medal and in effect, with 1st OLC.

4.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself for this award.  He is therefore eligible for award of the Good Conduct Medal for the period 24 February 1966 to 24 January 1969.

5.  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.

6.  The applicant's unit was cited for award of 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:

__LS____  ___LD___  __JH___  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:

	a.  by awarding the applicant the Purple Heart and adding this award to his DD Form 214;

	b.  by adding the already awarded Bronze Star Medal, 1st OLC, to his DD Form 214; and

	c.  awarding the applicant the Good Conduct Medal for the period 24 February 1966 to 24 January 1969; the Vietnam Service Medal, with one silver service star; 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.




______Linda D. Simmons______
          CHAIRPERSON




INDEX

CASE ID
AR20070014105
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080226
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19690124
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.