RECORD OF PROCEEDINGS


         IN THE CASE OF
        

         BOARD DATE: November 25, 2003
         DOCKET NUMBER: AR2003090693

         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. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Ms. Lana E. McGlynn		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, that the Purple Heart he was awarded for wounds he received in the Central Highlands in Vietnam in December 1966 be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2. The applicant states, in effect, that he was wounded in combat and received a Purple Heart but it is not on his DD Form 214 with other awards he received in Vietnam. He further states that he is a peacetime and Vietnam veteran. He went to Vietnam twice, was wounded in combat, and earned his Purple Heart.

3. The applicant provides a copy of his DD Form 214, with an effective date of separation of 31 August 1985, and a notarized statement of support from a fellow soldier who alleges to have served with him at the time he was wounded in action. The applicant's fellow soldier alleges that the applicant was wounded while on a search and destroy mission in December 1966 and that he was medically evacuated to a hospital in Cam Ranh Bay.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error that occurred on 31 August 1985. The application submitted in this case is dated 28 April 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's military records show that he enlisted in the Regular Army on 17 August 1965. He continued on active duty through several enlistments and was honorably discharged on 31 August 1985, under the provisions of Army Regulation (AR) 635-200, chapter 12, in the rank and pay grade, Sergeant First Class, E-7, for the purpose of retirement.

4. The DD Form 214 that the applicant was issued on his separation date shows that he was awarded the Meritorious Service Medal, the Army Commendation Medal, the Army Achievement Medal, the Good Conduct Medal (fifth award), Vietnam Service Medal, Republic of Vietnam Campaign Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Noncommissioned Officer

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Professional Development Ribbon, the National Defense Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, and the Parachutist Badge.

5. Item 4 (Assignment Considerations) of the applicant's DA Form 2-1, Personnel Qualification Record, Part II, is void of an entry about wounds received in action against a hostile enemy. There is no entry in Item 9 (Awards, Decorations and Campaigns), of the DA Form 2-1, showing that the applicant was awarded the Purple Heart.

6. Item 40 (Wounds) of the applicant's DA Form 20, Enlisted Qualification Record, is also void of an entry about wounds received in action against a hostile enemy. There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart. There are no orders in the applicant's military personnel records awarding him the Purple Heart.

7. There is no evidence in the available records or in the Vietnam Casualty List, which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.

8. DD Forms 214 issued to the applicant on 9 October 1967, 14 October 1973, and 14 September 1976 fail to show the Purple Heart among the awards and decorations awarded the applicant throughout his Army service.

9. The applicant served twice in Vietnam. He served from 5 February 1966 through 10 February 1967 with Company B, 1st Battalion, 35th Infantry Regiment, and later, on temporary duty, from 14 February 1968 through 24 June 1968, with Headquarters and Headquarters Company, 2nd Battalion, 505th Infantry Regiment.

10. While in Vietnam, the applicant participated in the following four campaigns: the Vietnam Counteroffensive, which extended from 25 December 1965 through 30 June 1966; the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; and the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968.

11. The applicant's DD Form 214, with an effective date of 31 August 1985, shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which the applicant is entitled for campaign participation.

12. AR 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.

13. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

14. According to DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, the unit to which the applicant was assigned during his tour of duty in Vietnam, Headquarters and Headquarters Company, 2nd Battalion, 505th Infantry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 12 March through 4 October 1968 by Department of the Army General Orders Number 48,
dated 1971.

DISCUSSION AND CONCLUSIONS:

1. There is no evidence to corroborate his contentions and those of his wartime "buddy" that he was wounded in action against a hostile force while in Vietnam and that he was awarded the Purple Heart. He is therefore not eligible to have the Purple Heart added to his DD Form 214.

2. The applicant participated in four campaigns during his service in Vietnam. He is therefore eligible for award of four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

3. The applicant served with Headquarters and Headquarters Company, 2nd Battalion, 505th Infantry Regiment, at the time the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation. He is therefore entitled to award of this unit citation and to have it shown on his DD Form 214 with an effective date of 31 August 1985.

BOARD VOTE:

_LEM___ __YM___ ___RO____ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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BOARD DETERMINATION/RECOMMENDATION:

1. 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 awarding the applicant four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and to have these awards added to his DD Form 214 with an effective date of 31 August 1985.

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 the addition of the Purple Heart to his DD Form 214.





                  Raymond V. O’Connor
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090693
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.