RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           4 December 2003    
	DOCKET NUMBER:   AR2003091032

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Kenneth W. Lapin		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 was wounded in the stomach in Vietnam and he currently receives compensation from the Department of the Veterans Affairs (DVA) for this gunshot wound.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge) and a DVA Rating Decision, dated 2 October 1997. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 7 January 1971.  The application submitted in this case is dated 13 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 was inducted on 8 January 1969.  He served as an infantryman assigned to Company C, 3rd Battalion, 12th Infantry of the 4th Infantry Division in Vietnam from 6 June 1969 until he was wounded in action on 8 September 1969 and evacuated to the United States on 2 October 1969 for further medical treatment.  On 7 January 1971, the applicant was released from active duty in the rank of specialist five after completing 2 years of creditable active service with no lost time.   

4.  The applicant's DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Bronze Star Medal with "V" Device as authorized awards.

5.  There are no orders for the Purple Heart in the applicant's service personnel records.  However, his records contain a Western Union telegram, dated 
19 September 1969, which shows he was wounded in action in Vietnam on 
8 September 1969.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted 
Qualification Record) shows he received a gunshot wound to his chest on 
8 September 1969.  The Vietnam Casualty Roster also shows the applicant was wounded in action on 8 September 1969.

6.  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.

7.  The applicant participated in two campaigns during his assignment in Vietnam. 

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 3, dated 1970.

9.  Department of the Army Pamphlet 672-3 also shows the applicant's unit  is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

10.  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, and the medical treatment must have been made a matter of official record.
    
11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.
  
12.  Army Regulation 600-8-22, in pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was wounded in action in Vietnam on 
8 September 1969.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.   

2.  The applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 8 January 1969 through 7 January 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

4.  The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

BOARD VOTE:

WTM___  ALR_____  KWL_____  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, the first award of the Good Conduct Medal for the period 8 January 1969 through 
7 January 1971, the Vietnam Service Medal with two 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. 

		__Walter T. Morrison_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003091032	
SUFFIX		
RECON		
DATE BOARDED	20031204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.