RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 08 JANUARY 2004
         DOCKET NUMBER: AR2003090035


         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman		Chairperson
Mr. John T. Meixell		Member
Ms. Linda M. Barker		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 record reflect award of the Purple Heart and the Bronze Star Medal. He also requests award of the Silver Star.

2. The applicant states that he was awarded the Purple Heart for being wounded in action in Cambodia during the war in Vietnam. He was hit in the foot with a piece of shrapnel. During an attack in May 1970 he was wounded on his left ankle. He also burned his hands while changing a machine gun barrel. A medic bandaged his hands and ankle and instructed him to join the wounded on a helicopter; however, he insisted on staying with his unit. The medic told him that he would receive the Purple Heart. On another occasion they [members of his unit] were in a three-day battle in a pineapple plantation, and on the third night they were surrounded. Their supplies and ammunition had become depleted. To preserve ammunition and to withstand the enemy's advance, he alone fired mortars and flares at the enemy. By morning the battle had ended. His lieutenant praised him and stated that he would recommend him for the Silver Star. He has never received those awards. Shortly after returning from Cambodia in June of 1970, the 2nd Battalion, 47th Infantry (his organization) was divided. His records were lost. He states that the Board should consider his request despite the fact that more than three years had elapsed since the error. He never looked at his DD Form 214, wishing to leave the war behind.

3. The applicant provides a statement of support from his father, a reproduced copy of a photograph of the Bronze Star Medal, and a copy of a newspaper article wherein the applicant recalled his combat service in Cambodia. In that article the applicant indicated that he had been wounded in the foot, and that his hands were burned from changing hot gun barrels.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error which occurred on 7 June 1971. The application submitted in this case is dated 31 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 applicant was inducted into the Army on 3 September 1969, completed basic combat training at Fort Campbell, Kentucky, where he was qualified as an expert with the M-14 rifle, and was assigned to Fort Polk, Louisiana for advanced training. While at Fort Polk he qualified as an expert with the 81mm mortar and as a marksman with the .45 caliber pistol. He completed training and in February 1970 was assigned as an indirect fire crewman to Company C, 2nd Battalion, 47th Infantry, in Vietnam. He was awarded the Combat Infantryman Badge, promoted to pay grade E-4, and was awarded the Army Commendation Medal for meritorious achievement for the period 5 February 1970 to 20 August 1970.
In September 1970 he was transferred in country to Company C, 1st Battalion, 5th Infantry. He completed his tour in Vietnam and returned to the United States. He participated in three campaigns in Vietnam and the 2nd Battalion, 47th Infantry was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for its actions while the applicant was assigned to that organization.

4. The applicant was assigned to Fort Hood, Texas in February 1971. In March of that year he requested an early separation to attend school. His request was approved. He was released from active duty on 7 June 1971. His DD Form 214 does not reflect award of the Purple Heart, the Bronze Star Medal, or the Silver Star. His DA Form 20 (Enlisted Qualification Record) does not indicate that he received those awards.

5. The applicant's Official Military Personnel File (OMPF) does not indicate award of the Purple Heart, the Bronze Star Medal, or the Silver Star. His OMPF does not indicate a recommendation for the latter two above-mentioned awards.
6. Army Regulation 600-8-22 provides 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.

7. The applicant is not listed on the Vietnam Casualty Roster maintained by this agency. The historical files of Company C, 2nd Battalion, 47th Infantry, were reviewed at the National Archives at College Park, Maryland. The review failed to show that the applicant was entitled to award of the Bronze Star Medal or the Purple Heart.

8. The 1996 Defense Authorization Act established a provision whereby upon request by a Member of Congress the Secretary of the Army can review proposals for awards, or the upgrading of a decoration, that would not otherwise be authorized due to limitations established by law or policy for timely submission of a recommendation for such an award. This new provision in the law provides an individual an opportunity to have his or her congressional representative initiate a recommendation on his or her behalf. An individual who elects to pursue this avenue may contact his or her congressional representative, provide that person with the details of his or her actions including any supporting statements, and then have the representative initiate an appropriate award recommendation.

9. Because there is no evidence that the applicant was awarded the Silver Star or the Bronze Star Medal, or recommended for those awards, the Board cannot grant his request for those awards. Should the applicant elect to pursue this matter, however, he should contact his congressional representative, provide him with the details of his actions including any supporting statements, and then have his representative initiate appropriate award recommendations. The Awards Branch of the Total Human Resources Command would be the agency designated by the Secretary of the Army to review new award recommendations initiated under the provision of law.

10. In view of the information contained above, the Board will not address the applicant’s request for award of the Silver Star or the Bronze Star Medal. The applicant may want to pursue this matter with his congressional representative.

11. The Army 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.

DISCUSSION AND CONCLUSIONS:

1. Notwithstanding the applicant's contention, his father's statement, and the newspaper article that he provides, there is insufficient evidence to show that he was wounded in action. There are no medical documents available. His records do not indicate that award, nor is he listed on the Vietnam Casualty Roster as having been wounded in action. There is insufficient evidence to grant his request for award of the Purple Heart.

2. The applicant served his country faithfully and honorably. He is entitled to award of the Army Good Conduct Medal.

3. The applicant qualified with weapons as indicated above. His DD Form 214 should reflect award of the Expert Marksmanship Qualification Badge with rifle and mortar bars and the Marksman Marksmanship Qualification Badge with pistol bar.

4. The applicant participated in three campaigns during his tour in Vietnam. He is entitled to award of the Vietnam Service Medal with three bronze service stars (one for each campaign).

5. The applicant is entitled to award of the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

__KAN __ __JTM __ __LMB __ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse the 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 award of the Army Good Conduct Medal, the Expert Marksmanship Qualification Badge with rifle and mortar bars, the Marksman Marksmanship Qualification Badge with pistol bar, the Vietnam Service Medal with three bronze service stars, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor Medal First Class 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.





                  __Kathleen A. Newman___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090035
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030108
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.00
2.
3.
4.
5.
6.