RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 March 2008
	DOCKET NUMBER:  AR20070018381 


	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. John T. Meixell

Chairperson

Ms. LaVerne M. Douglas

Member

Ms. Jeanette R. McCants

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, on two separate applications, award of the Purple Heart and the Good Conduct Medal.

2.  The applicant states he received shrapnel wounds to his eye and knee in Vietnam as a result of a mortar explosion.  He adds that he did not receive his Good Conduct Medal and it was not added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provided his DD Forms 214, dated 15 December 1967, and a copy of Headquarters, 3rd Target Acquisition Battalion, 26th Artillery, Fort Sill, Oklahoma, General Order Number 28, dated 2 November 1967, awarding him the Good Conduct Medal (1st Award), 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 for a period of 3 years on 29 December 1964.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63A (Mechanical Maintenance Helper).  The highest grade he attained during his military service was specialist five (SP5)/E-5.  He was also awarded MOS 63B (Wheeled Vehicle Mechanic) and 63C (Track Vehicle Repairman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 15 December 1967.

3.  The applicant’s records further show that he served in the Republic of Vietnam from 14 January 1966 to 13 January 1967.  He was assigned to Company D, 1st Engineer Battalion. 
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with 1960 Device, the Marksman Marksmanship Qualification Badge with Rifle Bar, and two Overseas Service Bars.  Item 24 of his DD Form 214 does not show award of the Purple Heart or the Good Conduct Medal.

5.  Headquarters, 3rd Target Acquisition Battalion, 26th Artillery, Fort Sill, Oklahoma, General Order Number 28, dated 2 November 1967, show the applicant was awarded the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 December 1964 through 28 December 1967. 

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

7.  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.

8.  The applicant’s medical records do not reveal that he was wounded in action or treated for wounds/injuries received as a result of hostile action.  There is no record that the applicant was treated for an eye or knee injury during his military service.

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


12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive and the Vietnam Counteroffensive Phase II 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. 

13.  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 21, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal-First Class, based on Department of the Army General Orders Number 53, dated 1970. 

14.  Department of the Army Pamphlet 672-3 shows the 1st Engineer Battalion was awarded two awards of the Meritorious Unit Commendation, from February 1966 to May 1966, based on Department of the Army General Orders Number 20, dated 1967, and from 3 June 1966 to 15 April 1967, based on Department of the Army General Orders Number 10, dated 1968.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart and the Good Conduct Medal  and correction of his records to show these awards.  

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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 29 December 1964 through 28 December 1967, which is not shown on 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 on 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 two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to his Vietnam Service Medal.

6.  General Orders show that the applicant’s unit was awarded two awards of the Meritorious Unit Commendation during his service with that unit in the Republic of Vietnam, which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jjtm__  __lmd___  __jrm___  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 showing award of 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, two awards of the Meritorious Unit Commendation, and two bronze service stars 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.



							John T. Meixell
	______________________
          		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.