RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  26 February 2004
	DOCKET NUMBER:  AR2003090769

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Mae M. Bullock		Member	
	Mr. John T. Meixell		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 correction of his records to show an award of the Purple Heart.

2.  The applicant states that he was wounded by shrapnel in Vietnam and medically evacuated but never received the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error, which occurred on 7 January 1971, the date of his separation from active duty.  The application submitted in this case is dated 6 May 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 available records show that he was inducted and entered active duty on 8 January 1969.  After completion of training as an infantryman he was assigned to Vietnam.  He was assigned as an automatic rifleman to Company C, 1/6th Infantry, 198th Infantry Brigade, from 16 June 1969 through 20 February 1970.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he was assigned as a patient to a medical holding company effective 21 February 1970 and to a general hospital as a patient effective 13 March 1970.  Item 40 (Wounds) of the form shows an entry of a fragmentation wound to the right foot and left elbow on 18 February 1970.  The Purple Heart is not listed in Item 41 (Awards and Decorations) of his DA Form 20.  It is noted that all of his conduct and efficiency ratings are shown as excellent.

5.  The applicant's DD Form 214, which he authenticated with his signature, shows that he was separated from active duty and transferred to the Army Reserve in pay grade E-5 effective 7 January 1971.  The Purple Heart is not listed as an authorized award.  There are no orders in the available record awarding the applicant the Purple Heart and his name does not appear on the Vietnam Casualty List.  There are no military medical records available for review or provided by the applicant.  It is noted that neither the Combat Infantryman Badge nor the Good Conduct Medal are listed as authorized awards.  The available record contains a copy of Special Orders Number 262, dated 19 September 1969, that awards the applicant the Combat Infantryman Badge.

6.  Army Regulation 672-5-1(Military Awards), in effect at the time, provides, in pertinent part, that the Purple Heart is awarded for a wound or injury 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.

7.  The regulation also 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.

8.  Army Regulation 672-5-1 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.  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.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards and campaign credit received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned participated in three campaigns during his period of assignment and was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.

10.  Army Regulation 600-200, chapter 9, in effect at the time, provided the policy for entries on the DA Form 20.  It provides that a brief description of wounds or injuries, requiring medical treatment, that were the result of hostile or enemy action will be entered in Item 40 (Wounds) including the date wounded.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the lack of medical evidence to show that he was treated for wounds as a result of enemy action, entries on the DA Form 20 show that he was a hospital patient from 21 February to 16 May 1970 and that he incurred a fragmentation wound to the right foot and left elbow on 18 February 1970.  The regulatory basis for the wound entry on the DA Form 20 is sufficient evidence to determine that the applicant is entitled to an award of the Purple Heart. 

2.  The applicant’s documented excellent conduct and efficiency ratings qualify him for the first award of the Good Conduct Medal in accordance with regulations in effect at the time.  It appears that this was an administrative oversight and he should now be awarded the Good Conduct Medal for his period of active service.

3.  The applicant is also entitled to the award of the CIB, three bronze service stars for the Vietnam Service Medal, and the Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

__ao______  ___mb___  ___jm____  GRANT 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 showing that he was awarded the Purple Heart for wounds received on 18 February 1970, the Good Conduct Medal for the period 8 January 1969 through 7 January 1971, the CIB, three bronze service stars for the Vietnam Service Medal, and the Vietnam Gallantry Cross with Palm Unit Citation.

		___Arthur A. Omartian__
		        CHAIRPERSON

INDEX

CASE ID	AR2003090769	
SUFFIX		
RECON		
DATE BOARDED	20040224	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.