RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 February 2008
	DOCKET NUMBER:  AR20070014974 


	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:


Ms. Margaret K. Patterson

Chairperson

Ms. Sherri V. Ward

Member

Mr. Jeffrey C. Redmann

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 suffered a knee injury when his personnel carrier hit a land mine during Operation Junction City in the vicinity of the Lai Kaie area in the Republic of Vietnam.

3.  The applicant provided his DD Forms 214 (Armed Forces of the United States Report of Transfer and Discharge), dated 24 November 1969 and 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 30 June 1966 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He further reenlisted on 25 November 1969 for a period of 6 years.  The highest grade he attained during his military service was sergeant (SGT)/E-5.  He was honorably discharged for physical disability with entitlement to disability severance pay on 21 April 1971.

3.  The applicant’s records further show that he served in the Republic of Vietnam as follows:

	a.  from 5 December 1966 to 1 December 1967; he was assigned as a gunner, to Company A, 2nd Battalion, 2nd Infantry, 1st Infantry Division; and 

	b.  from 20 July 1968 to 24 February 1969; he was assigned as a Rifleman, to Company E, 3rd Battalion, 12th Infantry, 4th Infantry Division.  
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, dated 24 November 1969, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  Item 24 does not list award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry “strain left knee, 4 June 1967;” however, this entry is lined through with a straight line.  

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.  On 24 February 1971, a Medical Evaluation Board (MEB) convened at Fort Hood, Texas, to evaluate the applicant due to pain and stiffness in his left wrist.   The MEB found him medically unfit due to a left navicular fracture sustained during basic combat training in 1966.  The MEB further referred the applicant to a Physical Evaluation Board (PEB).  

8.  On 2 March 1971, an informal PEB convened at Fort Sam Houston, Texas, and found the applicant unfit.  The PEB further recommended the applicant be separated from the Army with severance pay.  Accordingly, he was discharged on 21 April 1971 for physical disability with entitlement to receive disability severance pay. 

9.  Army Regulation 600-8-22 (Military Awards) 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.  Headquarters, 1st Infantry Division, Special Orders Number 39, dated 8 February 1967, shows that the applicant was awarded the Combat Infantryman Badge.

12.  Headquarters, 2nd Training Brigade, U.S. Army Training Center, Fort Gordon, Georgia, Special Orders Number 134, dated 12 August 1966; show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 

13.  Headquarters Fort Polk, Fort Polk, Louisiana, Special Orders Number 265, dated 13 October 1966; show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), on 6 October 1966.     

14.  Headquarters Fort Polk, Fort Polk, Louisiana, Special Orders Number 273, dated 21 October 1966; show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), on 13 October 1966.

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

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET 69 Counteroffensive and the Vietnam Counteroffensive, Phases II, III, V, and VI, 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. 

17.  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 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal-First Class, based on Department of the Army General Orders Number 53, dated 1970.

18.  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.

19.  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.

20.  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 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 he was wounded or injured as a result of hostile action or treated for such wound and the medical treatment was made a matter of official record.  The applicant's name is not listed on the Vietnam Casualty Roster.  Therefore, there is no evidence upon which to base award of the Purple Heart in this case. 

3.  General Orders show that the applicant was awarded the Combat Infantryman Badge which is not shown in his records.  Therefore, he is entitled to correction of his records to show this award. 

4.  General Orders show the applicant’s unit was awarded 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 in his records.  Therefore, he is entitled to correction of his records to show these awards.

5.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service star to be affixed to his Vietnam Service Medal.
6.  Special Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60); and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) that are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards. 

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

8.  Evidence of record confirms that the applicant served honorably during the period 30 June 1966 to 29 June 1969.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant his 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 these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__mkp___  __svw___  __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 the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 30 June 1966 to 
29 June 1969; and




	b.  showing award of the Combat Infantryman Badge, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), three Overseas Service Bars, and one silver service star to be affixed to his already-awarded 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. 



					Margaret K. Patterson
______________________
          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.