RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	 27 March 2008 
	DOCKET NUMBER:  AR20070018844 


	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.


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	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, that he be awarded the Purple Heart and that it be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was wounded in Vietnam and treated for his wound at an aid station while still in the field.  He never received his Purple Heart.

3.  In support of his application, the applicant submits a copy of his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, and a copy of a medical treatment record.

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 he enlisted in the Regular Army on 1 October 1969.  He completed his basic combat and his advanced individual training at Fort Polk, Louisiana, and on completion of his training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 19 March 1971 through 23 September 1971, with Company B, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade.

4.  The applicant was honorably released from active duty, on 23 September 1971, under the provisions of Army Regulation (AR) 635-200, as an overseas 

returnee, prior to the expiration of his term of service.  He was separated in the rank of Specialist Four/pay grade E-4.  On the date he was released from active duty, he had completed 1 year, 11 months, and 23 days active military service, with no time lost.

5.  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; the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle) and with Machine Gun Bar (M-60 Machine Gun); the Marksman Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle); and one overseas service bar.  The Purple Heart is not shown on his DD Form 214.

6.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, showing he received wounds as a result of enemy action.

7.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20 showing he was awarded the Purple Heart.

8.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

9.  The medical document the applicant submitted states that on 23 August 1971 he sought medical treatment for a laceration of the left knee which had become infected and was tender to the touch.

10.  The applicant’s name does not appear on the Vietnam Casualty List.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; and the Consolidation I, which extended from 1 July through 30 November 1971.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 March through 9 October 1971, by Department of the Army General Order (DAGO) Number 6, dated 1974.  The applicant was assigned to the unit at the time the unit was cited for this unit award.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

15.  AR 672-5-1, in effect at the time of the applicant's separation 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.  To be eligible for award of the Good Conduct Medal, Soldiers must meet all of the following criteria:  all conduct (character) and efficiency ratings must be recorded as "Excellent" except that ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service school efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  There is evidence the applicant sought medical treatment for a laceration of the left knee which had become infected.  The treatment was made a matter of official record; however, the medical document does not state the laceration was received as a result of action by a hostile enemy.  The applicant's name does not appear on the Vietnam Casualty Listing.  There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart.

3.  Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.

4.  The applicant had "excellent" conduct and efficiency ratings throughout his time in the Army.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that the applicant did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 1 October 1969 through 23 September 1971.

5.  The applicant served in two campaigns while he served in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these stars shown on his DD Form 214.

6.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  _x___  __x____  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 for the period 1 October 1969 through 23 September 1971 and adding this award to his DD Form 214;

	b.  awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and adding these stars to his DD Form 214; and

c.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding this unit citation to his DD Form 214.

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 and its addition to his DD Form 214.




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          CHAIRPERSON