RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  2 December 2003
	DOCKET NUMBER:  AR20030900043

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Patrick H. McGann		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 that he ran over a planted bomb during his service in Vietnam.

3.  The applicant has submitted no evidence in support of his request.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of the awards listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 25 July 1968.  The application submitted in this case is dated 15 April 2003. 

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 limitation 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 records show that he was inducted on 4 July 1966 and completed training as an armor intelligence specialist in military occupational specialty 11D20.  He served in Vietnam in three campaigns from 6 December 1967 to 27 July 1968 as a member of E Troop, 1st Cavalry.

4.  Entries on the applicant’s DD Form 214 do not show award of the Purple Heart.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards:  the National Defense Service Medal, the Vietnam Service Medal and the Combat Infantryman Badge.

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA
Form 20 does not show any entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The Vietnam Casualty Roster does not show the applicant’s name.

6.  A review of the applicant’s records reveals eligibility for award of the Republic of Vietnam Campaign Medal with 1960 Device, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm 

Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar and Pistol Bar.  These awards and badges are not shown on the applicant’s 
DD Form 214.

7.  There is no indication in the applicant’s personnel records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.  Records show that the applicant’s conduct and efficiency were rated as “excellent” throughout his service, that he was promoted on time, and that there is no indication of indiscipline in his records.

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

9.  Army Regulation 600-8-22 also 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.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  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.  

10.  Army Regulation 600-8-22 further provides, in pertinent part, for award of the Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more and contributed direct combat support to the Republic of Vietnam and Armed Forces. Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

11.  Army Regulation 600-8-22 also 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.  One bronze service star is authorized for each campaign attached to or assigned with an organization participating in or directly supporting military operations.

12.  Army Regulation 600-8-22 further provides, in pertinent part, 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.  

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the E Troop of the 1st Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to award the Purple Heart it is necessary to establish that a soldier was wounded or injured in action.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is insufficient evidence for award of the Purple Heart.

2.  Based on the evidence in this case, the applicant is entitled to correction to his records to show awards, which were omitted through administrative error at the time the applicant was separated from active duty.  He is also entitled to the first award of the Good Conduct Medal for the period 4 August 1966 through 27 July 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant’s records also show that he is entitled to award of the Republic of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Service Medal with three bronze service stars.  The Appendix of Army Regulation 600-8-22 show the applicant participated in three campaigns while he served in Vietnam.  His records further show he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Marksman Marksmanship Badge with Rifle Bar and Pistol Bar.  
BOARD VOTE:

__fe___  __pm______  ___mm___  GRANT 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 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 showing he was awarded the Good Conduct Medal for the period 4 July 1966 to 25 July 1968, the Marksman Marksmanship Badge with Rifle Bar and Pistol Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Vietnam Service Medal with three bronze service stars.

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.  

		__Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090043	
SUFFIX		
RECON		
DATE BOARDED	20031202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	Grant Partial	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	107.15	
3.	107.56	
4.	107.94	
5.	107.109	
6.	107.110