RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 16 December 2003
         DOCKET NUMBER: AR2003088068


         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. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley Powell		Member
Mr. John N. Slone		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that his DD Form 214 (Report of Transfer or Discharge), dated 15 March 1973, be corrected to show that he was awarded the Purple Heart and the Combat Infantryman Badge (CIB).

2. The applicant states that his DD Form 214, dated 15 March 1973, does not show the Purple Heart or CIB.

3. The applicant provides a copy of his battalion DA Form 1594 (Daily Staff Journal), dated 4 October 1970, and Medical Evaluation Board (MEB) Narrative Summary.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of error which occurred on 15 March 1973, the date of his discharge. The application submitted in this case is dated 11 February 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 military records show he entered active duty (AD) on 20 May 1967, as a general supply clerk (76K). He served in Vietnam from 21 May 1966 to 20 May 1967 when he was released from AD and transferred to the Army Reserve.

4. He reenlisted on 18 July 1967. He continued to serve until he was honorably discharged on 19 February 1970, in order to accept a commission as a Reserve officer. He was appointed as a Reserve commissioned officer in the rank of second lieutenant (2LT/0-1) on 20 February 1970, in the Infantry Branch (71542).
He served in Vietnam from 15 August 1970 to 5 August 1971.

5. The applicant’s DD Form 214, dated 15 March 1973, does not show the Purple Heart or CIB as authorized awards.

6. His DA Form 66 (Officer Qualification Record) does not show the Purple Heart or CIB as an entry in item 21 (Awards and Decorations).


7. The applicant provided a copy of his battalion Daily Staff Journal, dated 4 October 1970, which indicated that he received multiple fragment wounds (MFW) to his arm and legs while on a reconnaissance mission. He was medically evacuated by helicopter.

8. The applicant provided a copy of his MEB Narrative Summary which was prepared on 20 December 1972. The summary indicated that he was awarded the Purple Heart on 4 October 1970. He was diagnosed as having a: tear, medial collateral ligament and midportion of anterior cruciate ligament, left knee; instability, medial and rotary, left knee; arthritis, patellofemoral, chronic, left knee; dislocation, recurrent, right shoulder; sternoclavicular, left, with prominence of joint seen on x-ray; and absence, surgical, acquired, through intraperitoneally (IP) joint, right great toe, as a result of shrapnel wounds sustained in Vietnam. He was found unfit for retention according to Army Regulation 40-501 and was referred to a Physical Evaluation Board (PEB).

9. On 19 December 1972, the applicant's case was considered by an MEB. The MEB concurred with the diagnoses of the applicant's MEB medical evaluation. The MEB also stated in nontechnical language that the applicant was diagnosed as having an unstable left knee with pain and swelling; painful shoulders; absence of portion of right toe. The MEB indicated that applicant did desire to continue on active duty. The findings and recommendations were approved, and the applicant was referred to a PEB. The applicant concurred with the MEB's findings and recommendations.

10. On 10 January 1973, the applicant's case was considered by an informal PEB which convened at Fort Gordon, Georgia. The PEB found the applicant unfit and recommended a combined rating of 50 percent, and that he be permanently retired from the service. The PEB indicated that the applicant's retirement was based on a disability resulting from injury received in line of duty as a result of armed conflict. The applicant concurred and waived a formal hearing of his case on 15 January 1973.

11. On 15 March 1973, the applicant was permanently retired by reason of physical disability with a combined rating of 50 percent.

12. The applicant’s name failed to appear on the Vietnam Casualty List for a
wound received on 4 October 1970 while serving in Vietnam.

13. The applicant’s DA Form 66 shows he served as a platoon leader (1542) for 5 months with 1^st Battalion, 52^nd Infantry, Americal Division in Vietnam. There are no orders in the applicant’s personnel records which show that he was awarded the CIB or Purple Heart.

14. Army Regulation 600-8-22 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.

15. Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

17. The same register also shows that, at the time of the applicant's assignment to the 1^st Battalion, 52 Infantry, Americal Division, the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record shows that the applicant received MFW to his arm and legs while on a reconnaissance mission and was medically evacuated by helicopter. He appeared before an MEB and PEB and was found unfit for retention.

2. The applicant was permanently retired by reason of physical disability based on injuries he received in line of duty or as a direct result of armed conflict while serving in Vietnam. Therefore, this evidence is sufficient to approve an award of the Purple Heart.

3. The evidence of record shows the applicant served as a platoon leader (71542) with the 1^st Battalion, 52^nd Infantry, Americal Division while serving in Vietnam. Therefore, he is entitled to correction of his records to show that he was awarded the Combat Infantryman Badge.

4. The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Therefore, he is entitled to correction of his records to show these awards.


BOARD VOTE:

__sc___ __sp____ __js____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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 effective 4 October 1970, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




                  __Samuel A. Crumpler___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088068
SUFFIX
RECON
DATE BOARDED	20031216
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	19730315
DISCHARGE AUTHORITY	AR 635-200/PERM RET/BY DISABILITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	61
2.	127
3.	46
4.
5.
6.