RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 September 2005
	DOCKET NUMBER:  AR20050000824 


	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

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. Paul M. Smith

Member

Mr. Leonard G. Hassell

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 was wounded (i.e., blinded in his right eye) while serving in Vietnam, but never received a Purple Heart.

3.  The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 16 June 1969, the effective date of his permanent disability retirement.  The application submitted in this case is dated 10 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's military service record shows that he was inducted into the U.S. Army on 13 December 1967.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 12A (Pioneer).  He was subsequently awarded MOS 12B (Combat Engineer).

4.  The applicant's military service record shows that he was assigned to Company C, 65th Engineer Battalion, 25th Infantry Division in Vietnam, from
25 May 1968 through 10 January 1969.  He was retired from the U.S. Army under honorable conditions on 16 June 1969 as a result of a permanent disability after serving on active duty for a total of 1 year, 6 months, and 4 days.

5.  The applicant's DD Form 214, issued at the time of his retirement, shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), that he was awarded the Vietnam Service Medal and Vietnam Campaign Medal with 1960 Device.
6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 15 May 1968 through 12 January 1969.  Item 39 (Campaigns) of this document does not contain any campaign entries.  Item 41 (Awards and Decorations) shows that the applicant was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with (M16) Rifle Bar, and Sharpshooter Marksmanship Qualification Badge with (M14) Rifle Bar.

7.  There are no orders in the applicant’s service personnel record which shows that he was awarded the Purple Heart.  However, Item 40 (Wounds) of his DA Form 20 contains the entry, "FW Above (R) Eye, 2 November 1968", indicating the applicant received a fragmentation wound above his right eye on
2 November 1968.  In addition, the applicant's name is listed on The Adjutant General Casualty Division's, Vietnam Casualty Roster, as Master Casualty Number 11868, showing the applicant as being wounded in action on
2 November 1968 as a result of hostile action.

8.  The applicant's military service record contains a Standard Form 504 (Clinical Record) which shows the applicant received medical treatment for wounds sustained on 2 November 1968.  This document shows that a mortar round exploded near the applicant which resulted in a fragmentation wound to his right thigh and a wound to his right eye.

9.  The applicant's record contains a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 27 December 1968.  Item 23 (Diagnoses) of this document shows the applicant was wounded in his right eye and right thigh and the injuries were received from mortar fragments from hostile forces on 2 November 1968 in Vietnam. Item 25 (Selected Administrative Data) of this document shows that the Purple Heart was not awarded by the 249th General Hospital.

10.  The applicant provides his DD Form 214 in support of his application.  This document is absent evidence that the applicant was awarded the Purple Heart.

11.  A review of the applicant's record reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

12.  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.
13.  The applicant's record contains a copy of Headquarters, United States Army Training Center and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 113, dated 22 April 1968, which shows that he was awarded the Expert Marksmanship Qualification Badge with Rifle (M16) Bar.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his service in Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI.

15.  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 that, at the time of the applicant's assignment to Company C, 65th Engineer Battalion, 25th Infantry Division (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 5, 1973.  This document also shows that, at the time of the applicant's assignment to the
25th Infantry Division, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Headquarters, Department of the Army, General Orders Number 51, 1971.

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  There is no statute of limitations governing requests for award of the Purple Heart.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

18.  Army Regulation 600-8-22 provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A service star is worn on the Vietnam Service Medal to denote an additional award for participation in a campaign.

21.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.

22.  Army Regulation 600-8-200 provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is awarded by the Vietnamese government as a unit award for meritorious service.

23.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to
28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  The applicant contends, in effect, that he was wounded in Vietnam, but the Purple Heart is not listed on his DD Form 214 and he never received the award.  However, the applicant provides no evidence to support his assertion.

3.  Evidence of record shows that the applicant was wounded in Vietnam as a result of hostile action on 2 November 1968 and that he was treated for his wounds at the 12th Evacuation Hospital.  The applicant was subsequently medically evacuated to the 249th General Hospital; however, his records show that the Purple Heart was not awarded by the hospital commander.  Therefore, the applicant is entitled to correction of his military service record to show award of the Purple Heart.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 13 December 1967 through 16 June 1969 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  Evidence of record shows the applicant is entitled to award of the National Defense Service Medal.  Therefore, it would be appropriate to correct his records to show this award.

6.  Special Orders awarded the applicant the Expert Marksmanship Qualification Badge with (M16) Rifle Bar.  Therefore, it would be appropriate to correct his records to show this badge.

7.  Records show that the applicant served in three campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of three bronze service stars to be affixed to his Vietnam Service Medal.

8.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

9.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

10.  Records show that the applicant served a total of 8 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of one Overseas Service Bar.

11.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 June 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
15 June 1972.  Although the request was not submitted within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact that there is not statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

___LE ___  __PMS__  __LGH__  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 applicant the Purple Heart for wounds received in action on 2 November 1968;

	b.  awarding the applicant the Good Conduct Medal for the period
13 December 1967 through 16 June 1969;

	c.  correcting his DD Form 214 to delete the Vietnam Service Medal; and









	d.  correcting his DD Form 214 to add the Purple Heart, Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with
3 bronze service stars, Expert Marksmanship Qualification Badge with Rifle (M16) Bar, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one Overseas Service Bar.




_____Lester Echols_________
	          CHAIRPERSON


INDEX

CASE ID
AR20050000824
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050929
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19690616
DISCHARGE AUTHORITY
10 USC 1201
DISCHARGE REASON
Permanent Disability Retirement
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.