RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20080001128 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Chester A. Damian

Member

Mr. Qawiy A. Sabree

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, in effect, that he be awarded the Purple Heart for combat wounds he sustained on 14 May 1969.

2.  The applicant states, in effect, that the award of the Purple Heart should be added to item 24 (Decorations, Medals, Badges, Commendations, Citation and Campaign Ribbons Awarded or Authorized), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He states that the Purple Heart was not awarded and he feels that it should have been.

3.  In an additional statement, he described the events that occurred on 14 May 1969 while serving in Vietnam and assigned to Company D, 1st Battalion, 35th Infantry Regiment, 4th Infantry Division.  He elaborated on how he injured his thumb on 14 May 1969 and rewrapped it to continue his mission.  He states that he never mentioned his injury to anyone other than those who already knew what happened.  He now feels that after all these years he should receive the Purple Heart.

4.  In support of his application, the applicant provides a copy of his DD Form 214 and copies of photographs alleged to be of himself.

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 record shows he enlisted on 16 August 1968.  He was trained as a Light Weapons Infantryman, in military occupational specialty (MOS), 11B.  He was promoted to pay grade E-5 on 16 December 1969.

3.  The applicant served in Vietnam from 11 January 1969 to 11 January 1970.  He served until he was honorably released from active duty on 28 May 1970. 
4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).  His DD Form 214 does not show any additional awards.

5.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. 

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations). 

7.  The applicant's name does not appear on the Vietnam Casualty Roster for a wound received as a result of hostile action. 

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart while serving in Vietnam.

9.  The applicant's record contains copies of orders awarding him the Combat Infantryman Badge, the Air Medal, and the Army Commendation Medal.  These awards are not shown on his DD Form 214.

10.  The applicant provided copies of photographs alleged to be of himself, which were taken while he served in Vietnam, that show that he had a bandaged thumb.

11.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal with two bronze service stars; however, the applicant served during three campaigns of the Vietnam War and should be authorized three bronze service stars for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized to be affixed to the Vietnam Service Medal for participation in each campaign. 

12.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.


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

14.  Army Regulation 600-8-22 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.

15.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders (DAGO) Number 38, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 53, dated 1970; while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty Roster; and there are no medical records available to show that he was treated for a wound as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.

2.  The applicant claims that he should be awarded the Purple Heart for combat wounds acquired on 14 May 1969.  He also elaborated on how he injured his thumb and rewrapped it to continue his mission; however, he has provided no medical evidence, and there is none available to the Board, to show that the injury to his thumb was sustained as a result of hostile enemy action.

3.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge, the Air Medal, and the Army Commendation Medal, while he served in Vietnam.  This evidence is sufficient as a basis for correction of his record to add these awards to his DD Form 214.

4.  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 16 August 1968 to 28 May 1970.

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to award of one additional bronze service star to be affixed to his already-awarded Vietnam Service Medal, with two bronze service stars.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JTM __  __CAD__  __QAS__   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.  adding the already-awarded Combat Infantryman Badge, the Air Medal, and the Army Commendation Medal to his DD Form 214; and
	
	b.  awarding the applicant the Good Conduct Medal, for the period 
16 August 1968 to 28 May 1970; the Vietnam Service Medal with three bronze service stars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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.




___John T. Meixell    __
      CHAIRPERSON