RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 August 2005 DOCKET NUMBER: AR20050001215 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. James Anderholm Chairperson Mr. Richard Dunbar Member Ms. LaVerne Douglas 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 military records to show award of the Purple Heart. 2. The applicant states that he was shot in the neck by enemy fire in Vietnam. He contends that the Army was negligent in recording the event and that the Army will remain negligent until his records are corrected. 3. The applicant provides a letter, dated 31 August 2004, from his civilian counsel; three eyewitness statements; a letter, dated 24 January 2005, from the National Personnel Records Center, St. Louis, Missouri; and a copy of his DD Form 214 (Report of Transfer or Discharge). CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error which occurred on 19 April 1971. The application submitted in this case is dated 27 September 2004. 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 15 September 1969. He arrived in Vietnam on 19 February 1970 and served as a light weapons infantryman assigned to Company A, 1st Battalion, 52nd Infantry of the 198th Infantry Brigade from 13 March 1970 to 13 April 1971. On 19 April 1971, the applicant was released from active duty in the rank of specialist four after completing 1 year, 7 months, and 5 days of creditable active service with no time lost. 4. The applicant's DD Form 214 shows the National Defense Service Medal, the Bronze Star Medal, the Vietnam Campaign Medal, the Combat Infantryman Badge, the Army Commendation Medal with First Oak Leaf Cluster, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards. 5. There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam. 6. The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank. The applicant's name does not appear on the Vietnam Casualty Roster. 7. The applicant underwent a separation physical examination on 19 April 1971 which makes no mention of any injuries or wounds received as a result of hostile action. Item 18 (Head, Face, Neck and Scalp) on his Standard Form 88 (Report of Medical Examination) shows these areas were rated as normal. Also, item 73 (Notes) on this medical record shows the applicant reported “Since my last phys.[physical] my condition hasn’t changed. My condition is good. Medical records reviewed.” 8. Morning Reports show the applicant was hospitalized from 13 October 1970 to 26 October 1970. His service medical records are not available. 9. The applicant provides an eyewitness statement, dated 4 February 2004, from his third platoon leader at the time in question. He attests that the applicant suffered a neck wound (bullet grazed his neck) from sniper fire in late September 1970 in Vietnam. He also attests that the wound was treated by a medic on the spot. 10. The applicant provides an eyewitness statement, dated 10 February 2004, from a fellow Soldier at the time in question. He attests that the applicant was wounded in the neck by sniper fire in late September 1970, that a medic treated the applicant’s wound, and that subsequently the applicant’s wound became infected and he was transferred to Chu Lai for further treatment. 11. The applicant also provides an eyewitness statement, dated 31 August 2004, from a fellow Soldier at the time in question. He attests that the applicant was wounded in the neck during a firefight in late September 1970 in Vietnam, that a medic treated the applicant’s neck wound, and that subsequently the applicant’s wound became infected and he was transferred to a hospital in Chu Lai for further treatment. He also attests that he recently reviewed Daily Staff Journals for their unit and he did not find a record of the event. 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. Records show the applicant participated in three campaigns during his assignment in Vietnam. 14. 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 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 42, dated 1972. 15. 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. 16. 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. 17. 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. 18. 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. There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action in Vietnam. The Morning Reports do not indicate why the applicant was hospitalized. In the absence of medical records which might explain he was hospitalized as a result of enemy action, the statements from fellow Soldiers at the time in question provided by the applicant are not sufficient as a basis for an award of the Purple Heart. Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case. 2. The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars. 3. The applicant was separated in the rank of specialist four with over 18 months of creditable active service with no time lost. Therefore, it appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 15 September 1969 through 19 April 1971 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. 4. The applicant's unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF JA_____ RD______ LD______ GRANT PARTIAL 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: a. awarding him the first award of the Good Conduct Medal for the period 15 September 1969 through 19 April 1971; and b. amending his DD Form 214 to add the Good Conduct Medal and to show that he was awarded the Vietnam Service Medal with three bronze service stars and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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. __James Anderholm_____ CHAIRPERSON INDEX CASE ID AR20050001215 SUFFIX RECON DATE BOARDED 20050804 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 107.0015 2. 107.0000 3. 4. 5. 6.