RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 27 January 2004
         DOCKET NUMBER: AR2003088475


         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. Carolyn Wade		Analyst

The following members, a quorum, were present:

Mr. Arthur A. Omartian		Chairperson
Mr. Lester Echols		Member
Ms. Yolanda Maldonado		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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (PH) for his service in Vietnam.

2. The applicant states that his unit failed to enter his injury that resulted from enemy action on the unit casualty report.

3. The applicant provides a two-page, self-authored statement in support of his request; a copy of his Department of Veterans Affairs (DVA) Personal Appearance Hearing, dated 26 June 2002; and a copy of his military medical records.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice which occurred on 2 May 1970. The application submitted in this case is dated 3 March 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 evidence of record shows the applicant was inducted into the Army of the United States on 3 June 1968 for a period of 2 years.

4. Following completion of all required military training, the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was assigned to Vietnam as his first permanent duty assignment.

5. The applicant served in Vietnam from 24 October 1968 to 20 April 1969. During his service in Vietnam, the applicant was assigned to Company A, 4th Battalion, 3rd Infantry, 11th Light Infantry Brigade.

6. The applicant was hospitalized twice while serving in Vietnam; however, there is no indication that the reasons for his hospitalizations were the result of injuries suffered due to hostile enemy action. The applicant admits in his statement to this Board that on one occasion he dislocated his shoulder when he jumped off a rock while his unit was under an enemy mortar attack.

7. There is no indication in the applicant's military personnel records that he was recommended for award of the PH for his service in Vietnam.

8. The applicant's medical records indicate he suffered from a recurrent dislocation of his right shoulder and that this problem existed prior to his Vietnam service.

9. The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the PH as an authorized award. Nor does his DA Form 20 (Enlisted Qualification Record), item 40 (Wounds) list any combat-related wounds.

10. On 2 May 1970, the applicant was honorably released from active duty under the provisions of chapter 2, Army Regulation 635-200 by reason of expiration term of service and was transferred to the United States Army Reserve. He was credited with 2 years of active military service.

11. The applicant's DD Form 214 credits him with the following awards and decorations: the National Defense Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 60 Device, three Overseas Service Bars, a Marksmanship badge (M-14), and an Expert Badge (M-16).

12. DA Form 1577 (Authorization for Issuance of Awards), dated 7 January 1971, authorized issuance of the Good Conduct Medal (GCMDL) for the period of service 3 June 1968 to 2 May 1970 and the Vietnam Service Medal with three bronze service stars (BSS).

13. DA Form 1577, dated 28 February 2000, authorized issuance of the Combat Infantryman Badge (CIB).

14. The applicant's unit was awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm by Department of the Army General Orders Number 59, dated 1969, which is not shown on his DD Form 214.

15. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the PH is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1. Orders show that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

2. Evidence of record shows the applicant was awarded the CIB, three BSS (for wear on his Vietnam Service Medal), and the GCMDL for the period 3 June 1968 to 2 May 1970; however, they are not shown on his DD Form 214.

3. There are no orders or other evidence that the applicant was awarded the PH or was wounded or treated for wounds or injuries as a result of hostile action.

4. Records also show that on 2 May 1970, the applicant authenticated the DD Form 214 covering his service in Vietnam. That DD Form 214 did not show award of the PH and there is no evidence the applicant attempted to properly obtain award of the PH during his year in service following Vietnam.

5. The preponderance of the evidence shows the applicant was not wounded or injured as a result of hostile action. In the absence of records prepared at the time of the applicant's service in Vietnam which show that he was wounded or treated for wounds or injuries as the result of hostile action, there is insufficient evidence upon which to base the award of the PH to the applicant.

6. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board to correct. Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__aao___ __le____ __ym____ DENY APPLICATION

1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

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2. The Board determined that administrative error in the records of the individual should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm, the CIB, three BSS (for wear on his Vietnam Service Medal), and the GCMDL for the period of service 3 June 1968 to 2 May 1970.



                           Arthur A. Omartian
                  ______________________
                  CHAIRPERSON

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INDEX

CASE ID	AR2003088475
SUFFIX
RECON
DATE BOARDED	20040127
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.