RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080001908 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, in effect, that he is entitled to the Purple Heart for a concussion and shell fragment wounds to his buttocks, thigh, and jaw incurred during an attack in Vietnam. 

3.  The applicant provides documentation from the Department of Veterans Affairs (DVA), dated 2007; a Clinical Record, dated 3 July 1979; a DVA Medical Certificate and History, dated 3 July 1979; and a DVA Report of Medical Examination for Disability Evaluation, dated 29 February 1980.

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 was inducted into the Army on 26 September 1967.  He arrived in Vietnam in March 1969.  He was assigned to Company A, 173rd Support Battalion in Vietnam from approximately March 1969 to July 1969.  On 23 August 1969, the applicant was released from active duty in the temporary rank of specialist four after completing 1 year, 10 months, and 28 days of creditable active service with no time lost.  

3.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  There is no evidence in the available record which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.
5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

6.  In support of his claim, the applicant provided DVA documentation which shows service-connected compensation was granted for various conditions which included residuals fracture, mandible; residuals concussion; and shell fragment wounds to left buttocks and thigh.  He provided a clinical record, dated 3 July 1979, which shows he had healed scars from multiple shrapnel wounds to his left buttocks.  He also provided DVA documentation which states that he sustained a head injury in April 1969 when he was knocked unconscious by mortar fire and that he sustained shell fragment wounds to his buttocks and left thigh.

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit is eligible for award of the Presidential Unit Citation for actions during the period 1 June 1969 to 
31 December 1969 based on Department of the Army General Orders Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  

11.  Department of the Army Pamphlet 672-3 shows the applicant's unit is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 5, dated 1973.    

12.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.  

13.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  
However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

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

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for wounds as a result of hostile action in Vietnam, the documentation provided by the applicant is not sufficient as a basis for an award of the Purple Heart.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.  

2.  The applicant was released from active duty in the temporary rank of specialist four with almost 23 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 26 September 1967 through 23 August 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his record should be corrected to show this award.

3.  The applicant participated in two campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with two bronze service stars.
4.  The applicant’s unit received the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

XXX___  ___XXX__  __XXX___  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 him the first award of the Good Conduct Medal for the period 26 September 1967 through 23 August 1969; and

	b.  amending his DD Form 214 to add the Good Conduct Medal, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on 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.




      	__XXX ______
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001908


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