RECORD OF PROCEEDINGS


	IN THE CASE OF:      
	 

	BOARD DATE:           13 October 2005                  
	DOCKET NUMBER:   AR20050000917


	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. Richard P. Nelson

Analyst


The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Patrick H. McGann Jr.

Member

Ms. Carol A. Kornhoff

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 award of the Purple Heart.

2.  The applicant states that he was wounded in the left arm while in Vietnam and he now receives a service-connected disability of 10 percent from the Department of Veterans Affairs (DVA) as a result of that wound.

3.  The applicant provides a copy of a DVA Outpatient Routing Slip.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error that occurred on 11 December 1972.  The application submitted in this case is dated 19 November 2004 and was received by the Board on 20 January 2005.

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 was inducted on 4 March 1968 and completed training in Military Occupational Specialty 36K20 (Wireman).  He was honorably separated on 23 February 1970.  On 25 June 1970, the applicant reenlisted in the Regular Army and served another 2 years, 5 months, and 15 days; then he was again honorably separated in pay grade E-4 on 11 December 1972.  Throughout his service the applicant served in a variety of assignments overseas and in the continental United States.  His combat service consisted of a tour of duty in Vietnam where he was assigned to Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division from 30 August 1969 to 23 February 1970.

4.  The applicant’s DD Forms 214, and one DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), show that he is entitled to the following decorations: the Army Commendation Medal; the Vietnam Service Medal with two bronze service stars; the National Defense Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); the Marksman Marksmanship Badge with Rifle Bar; and, one overseas service bar.  No other awards or decorations are listed.
5.  There are no orders or certificates in the applicant’s records, and the applicant has not provided any orders or certificates, that show he was awarded the Purple Heart.  The applicant’s name is not listed on the Vietnam Casualty Roster.  There are no entries in item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) that show he was wounded as a result of hostile action.  There is no indication in the applicant’s medical records that he was wounded, or treated for wounds, as a result of hostile action.

6.  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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

7.  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 unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 31 October 1969 by Department of the Army General Orders Number 53, dated 1970.

8.  Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit Citation with Palm.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was awarded the Purple Heart.  There is no evidence in the applicant’s service personnel records that shows he was wounded, or treated for wounds or injuries, as a result of hostile action.  Therefore he is not entitled to award of the Purple Heart or to correction of his records to show this decoration.

2.  General Orders show that the applicant is entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show this unit award.

3.  General Orders show that the applicant is entitled to the Republic of Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled to correction of his records to show this unit award.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 December 1972.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 December 1975.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no statute of limitations on requests for award of the Purple Heart.

5.  The evidence shows that the applicant’s record contains administrative error that does not require action by the Board.  The necessary corrections will be accomplished administratively by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined in paragraph 2 of the Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___tsk___  ___phm _  ____cak_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.

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:

	a. the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

	b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm.




		_______Ted S. Kanamine_______
		        CHAIRPERSON





INDEX

CASE ID
AR20050000917
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051013
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.