RECORD OF PROCEEDINGS


	IN THE CASE OF:	  

	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080001905 


	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.









      The following members, a quorum, were present:













	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. 

2.  The applicant states, in effect, that he was injured in May 1970 when his base was overrun and he received a shrapnel wound to his back.  He states, in effect, that his commanding officer and his platoon sergeant were killed during the attack and no one put him in for the medal.  He states, in effect, that he was treated at the US Army hospital in Lai Khe, in the Republic of Vietnam.  

3.  The applicant provides a copy of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, dated 10 June 1971, and a copy of a newspaper article, 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 records show that he enlisted in the Regular Army on 
11 September 1968.  He completed basic combat training at Fort Bliss, Texas.    The applicant received on-the-job training and on 17 January 1969 was awarded the military occupational specialty (MOS) 51K, (Plumber).  He was later retrained and on 8 April 1970 he was awarded the MOS of 51B (Carpenter), which became his primary MOS (PMOS).  

3.  The applicant served in Vietnam from 17 January 1970 through 6 December 1970, with Company B, 554th Engineer Battalion (Construction).    

4.  The applicant was honorably released from active duty, on 10 June 1971 in the rank and pay grade of Specialist Five, E-5.  On the date he was released from active duty, he had completed 2 years and 9 months of active military service. 
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 Vietnam Campaign Medal with 60 Device, and the Marksman Marksmanship Qualification Badge (M-14) with Rifle Bar. The Purple Heart is not shown on the applicant’s DD Form 214.

6.   There is no entry in Item 40 (Wounds), of the applicant’s DA Form 20, Enlisted Qualification Record, to show that he received a wound in action against a hostile force.

7.  Item 41 (Awards and Decorations), of the applicant’s DA Form 20, shows that he was entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  This award is not shown on his DD Form 214.  There is no entry in Item 41 to show that 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 applicant’s name does not appear on the Vietnam Casualty List.

10.  The applicant’s records show that he was awarded the Army Commendation Medal by General Orders Number 1391, dated 12 November 1970, for meritorious service in connection with military operations against a hostile force, during the period 17 January 1970 to 16 January 1971, while he served in Vietnam.  This award is not shown on the applicant’s DD Form 214.  He is therefore entitled to correction of his records to show this award.  

11.   The applicant was awarded the Vietnam Service Medal, however, he was not awarded the three bronze service stars to which he is entitled for his campaign participation. 

12.  While in Vietnam, the applicant participated in the following campaigns:  the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through
30 April 1970; the Sanctuary Counteroffensive, which extended from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971. 

13.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows that the applicant consistently received "excellent" conduct and efficiency ratings.  There is no evidence of any breach of good order or discipline in his service personnel record that would preclude award of the Good Conduct Medal.

14.  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 that the unit the applicant was assigned to, the 554th Engineer Battalion, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 1 September 1968 through 30 September 1970, by Department of the Army General Order (DAGO) Number 5, dated 1973; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 3 August 1967 through 9 February 1970, by DAGO 8, dated 1970.

15.  AR 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

16.  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.

17.  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.

18.  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 provided to verify that a wound was received as a result of enemy action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  The applicant alleges he received shrapnel wound to his back in May 1970, while serving in the Republic of Vietnam. 

3.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, to show he received a wound in action against a hostile force.  There is no entry in Item 41, of the DA Form 20, to show he was awarded the Purple Heart. 

4.  There are no orders in the applicant's military personnel records, awarding him the Purple Heart; and, his name does not appear on the Vietnam Casualty List.

5.  Based on available evidence and the lack of corroborating evidence to show he was wounded in action by a hostile enemy, he is not entitled to award of the Purple Heart and to have it added to his DD Form 214.

6.  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 he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 11 September 1968 through 10 June 1971.

7.  General Orders Number 1391, dated 12 November 2008, awarded the applicant the Army Commendation Medal; however, this award is not shown on his DD Form 214.  He is entitled to have this award added to his DD Form 214.

8.  The applicant participated in three campaigns while stationed in the Republic Vietnam from 17 January 1970 through 6 December 1970.  He is therefore entitled to award of three bronze service stars, to be affixed to his already- awarded Vietnam Service Medal, to denote his campaign participation credit and to have them added to his DD Form 214.

9.  The applicant served in a unit, which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them 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 three bronze service stars, to be affixed to his Vietnam Service Medal, to denote his participation in three campaigns while he served in Vietnam; and adding these awards to his DD Form 214; 

      b.  adding the already-awarded Army Commendation Medal to the applicant’s DD Form 214; 
      
      c.   awarding the applicant the first award of the Good Conduct Medal for the period 11 September 1968 through 10 June 1971; and
      
d.  awarding the applicant 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.
      
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 to the applicant and its addition to his DD Form 214.




      _________x_____________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001905



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508