RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
		  

	BOARD DATE:	  9 August 2005
	DOCKET NUMBER:  AR20050000818 


	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.


Mr. Carl W. S. Chun

Director

Ms. Prevolia Harper

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Kenneth L. Wright

Member

Mr. Patrick H. McGann, Jr.

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 correction of his records to show award of the Purple Heart.

2.  The applicant states that he was wounded in 1970 when Camp Chu Lai was overrun and he was injured in the left shoulder.  He further states that a brigadier general presented him with the Purple Heart. 

3.  The applicant states that he provides a document from the Americal Division in support of his case.  However, this document is not attached with his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged (error or injustice) which occurred on 18 May 1970, the date of his separation from active service.  The application submitted in this case is dated 4 January 2005.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army of the United States on 3 September 1968.  He completed basic and advanced individual training and was awarded the military occupational specialty 13B40 (Field Artillery Crewman) and served in Vietnam from 4 February 1969 through 14 April 1970.

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that he was assigned to the 6th Battalion, 11th Artillery, Americal Division while serving in Vietnam.  Item 38 (Record of Assignments) indicates he received “Excellent” conduct and efficiency ratings at each of his active duty units.  

5.  The applicant’s military personnel records contain no derogatory information and there is no documented record of a disqualification from any of the applicant's active duty commanders that would have precluded him from receiving the Army Good Conduct Medal.
6. The DA Form 20 also shows in item 40 (Wounds) the entry” Multi Frag [Fragment] Burns to Arms, Legs, and Back, Perforated Ear Drum.”   Item 41 (Awards and Decorations) does not show award of the Purple Heart.  

7.  Item 41 of the DA Form 20 also shows the applicant was awarded the Vietnam Campaign Medal with 1960 Device.  However, his DD Form 214 only shows the Vietnam Campaign Medal.   

8.  The applicant’s records contain General Orders Number 3323, Headquarters, Americal Division, dated 2 April 1970.  These orders show that the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force on 1 April 1970.

9.  The applicant was honorably released from active duty on 18 May 1970.  The DD Form 214 he was issued at the time indicates he completed a total of 1 year, 8 months, and 16 days of active military service.  It also shows that he earned the Vietnam Service Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, Expert Marksmanship Badge (Rifle), and 2 Overseas Service Bars.

10.  The applicant’s name is listed on the Vietnam Casualty Roster.

11.  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, and the medical treatment must have been made a matter of official record.  

12.  Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Republic of Vietnam campaign a member is credited with participating in while serving in the Republic of Vietnam.  Table 2-1 contains a list of authorized campaigns and it shows that during his assignment tenure, the applicant was credited with participating in Vietnam Counteroffensive Phase VI, the Tet Counteroffensive, Vietnam Summer-Fall Campaign, and the Winter-Spring Campaign.







13.  Chapter 4 of the awards regulation prescribes the policy for award of the 
Army Good Conduct Medal.  It states, in pertinent part, that the Army 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.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned, the 6th Battalion, 11th Artillery, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972. 

DISCUSSION AND CONCLUSIONS:

1.  In order to support award of the Purple Heart, there must be evidence to show a member was wounded in action, was treated for the wound and a record of this treatment must have been made a matter of official record.

2.  General Orders 3323, dated 2 April 1970 show the applicant received wounds as a result of hostile action on 1 April 1970.  The applicant’s name is listed on the Vietnam Casualty Roster.  Therefore, the applicant’s records should be corrected to show award of the Purple Heart for wounds sustained as a result of hostile action on 1 April 1970.

3.  The applicant's record shows that he received "Excellent" conduct and 
efficiency ratings at all of his active duty assignments.  Further, his record is void 
of any derogatory information or a specific disqualification by any of the active 
duty unit commanders for whom he served.  As a result, it would be appropriate 
to award the applicant the first award of the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 3 September 1968 through 18 May 1970.

4.  The record also shows that based on his service and campaign participation the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Campaign Medal with 1960 Device.  Therefore, it would be appropriate to correct his records to show these awards. 



5.  The applicant participated in four campaigns during his service in Vietnam and is authorized to wear four bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be corrected to reflect this fact.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 May 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 17 May 1973.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart.  

BOARD VOTE:

__KLW __  __BJE __  __PHM__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by :

	a.  awarding the Purple Heart for wounds received on 1 April 1970 while serving in Vietnam;

b.  awarding him the first award of the Army Good Conduct Medal, for qualifying honorable active duty service from 3 September 1968 through 18 May 1970;

c.  deleting the Vietnam Campaign Medal [as shown] and adding the Republic of Vietnam Campaign Medal with 1960 Device;






d.  showing that based on his Vietnam service and campaign participation, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to add four bronze service stars to be worn on his Vietnam Service Medal.

	



   ____Barbara J. Ellis____
          CHAIRPERSON




INDEX

CASE ID
AR20050000818
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050809
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.