RECORD OF PROCEEDINGS


	IN THE CASE OF:	  
		

	BOARD DATE:	   16 August 2005
	DOCKET NUMBER:  AR20050001293 


	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. Yvonne Foskey

Analyst

The following members, a quorum, were present:


Mr. Melvin H. Meyer

Chairperson

Mr. John T. Meixell

Member

Mr. James B. Gunlicks

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, in effect, award of the Purple Heart (PH).

2.  The applicant states, in effect, his DD Form 214 does not include the PH he received for injuries he sustained while serving in the Republic of Vietnam (RVN), and he would like the PH added to his separation document (DD Form 214) at this time.  

3.  The applicant provides a copy of DA Form 20 (Enlisted Qualification Record) in support of his application.   

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice that occurred on 23 February 1973, the date of his separation from active duty.  The application in this case is dated 12 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 limitations 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 record shows he enlisted in the Regular Army and entered active duty on 3 May 1967.  He was trained in and awarded military occupational specialty (MOS) 11B (light weapons infantryman). 

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the in the RVN from 24 July 1968 through 18 July 1969.  During his RVN tour, he was assigned to the following units for the periods indicated:  Company A, 
1st Battalion, 61st Infantry Regiment, from 24 July through 16 December 1968; Headquarters and Headquarters Company (HHC), 184th Ordnance Battalion, from 17 December 1968 through 1 May 1969; and Headquarters and Headquarters Detachment, USA Support Command, from 2 May through 
26 July 1969.  


5.  On 25 February 1970, the applicant was honorably discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at that time shows he earned the following awards:  National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Combat Infantryman Badge (CIB), RVN Campaign Medal with 60 Device and 2 Overseas Bars.  

6.  On 26 February 1970, the applicant reenlisted for three years.  He continuously served on active duty until being honorably separated at the expiration of his term of service (ETS) on 23 February 1973.  The DD Form 214 he was issued at that time shows he completed a total of 5 years, 9 months and 
3 days of active military service.  It also shows that he earned the following awards:  NDSM, VSM with 4 bronze stars, RVN Campaign Medal w/1960 Device, Army Good Conduct Medal (AGCM), CIB, Expert Qualification Badge with Rifle Bar (M-14), Expert Qualification Badge with Rifle Bar (M-16) and 
2 Overseas Bars.  

7.  In connection with the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  This search revealed an entry pertaining to the applicant that confirms he was wounded in action in the RVN on 25 October 1968.

8.  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 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.  

9.  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 that during his tenure of assignment, the applicant’s unit (Company A, 1st Battalion, 61st Infantry Regiment) received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Navy Meritorious Unit Commendation.  It also shows that while the applicant was assigned to HHC, 184th Ordnance Battalion, it received the Army’s Meritorious Unit Commendation.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH was carefully considered and found to have merit.  By regulation, in order to support award of the PH, there must be evidence to show a member was wounded in action, was treated for the wound and a record of this treatment must have been made a matter of official record.  

2.  The evidence of record confirms that while serving in the RVN, the applicant was wounded in action on 25 October 1968, as evidenced by an entry on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  

3.  The record also confirms that based on his service in the RVN, he is entitled to the RVN Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and Navy Meritorious Unit Commendation.  Thus, it would also be appropriate to add these awards to his record at this time.

BOARD VOTE:

___MHM_  ___JTM _  __JBG__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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 him the Purple Heart; by showing he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious Unit Commendation, and Navy Meritorious Unit Commendation; and by providing him a corrected separation document that include these awards.  




____Melvin H. Meyer___
          CHAIRPERSON


INDEX

CASE ID
AR20050001293
SUFFIX

RECON

DATE BOARDED
2005-08-16
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1973/02/23
DISCHARGE AUTHORITY
AR635-200. . .  
DISCHARGE REASON
ETS
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schneider
ISSUES         1.
107
2.

3.

4.

5.

6.