RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060006775 


	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.



Director



Analyst

The following members, a quorum, were present:



Chairperson


Member



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, that he be awarded the Purple Heart.

2.  The applicant essentially states that immediately prior to his brother’s death, who was also serving in Vietnam at the time of his death, he was on a night reconnaissance patrol when the patrol heard a noise, so he hit the ground, and landed chest-first on a scorpion.   He also stated, in effect, that he hurt his foot the following morning, as something pierced his right foot when kicking in doors while searching a Vietcong village.  He continued by stating that upon returning from the reconnaissance patrol, his company commander told him that his brother had been killed.  He also stated, in effect, that he would have normally gone to the medics for treatment of his wounds, but that the death of his brother made him snap, and that the only thing he could think of was what happened to his brother, and getting him home to their family.  He also essentially states that his father, uncle and cousin met him at the airport in Charleston, West Virginia upon his return to the United States, and when they saw the kind of medical condition he was in from the scorpion sting and his injured foot, they rushed him to Thomas Memorial Hospital for medical treatment.
 
3.  The applicant provides the following in support of this application:

a.  an undated self-authored statement;

b.  mostly eligible copies of his two DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge);

c.  emergency leave orders taking him from Vietnam to the continental United States on or about 29 September 1965;

d.  a letter, dated 7 September 2004, from his uncle;

e.  a letter, dated 9 September 2004, what it presumed to be his cousin;

f.  a letter, dated 21 August 2004, from his mother;

	g.  extracts of medical history, which was printed on 18 April 2006; and 

	h.  a letter, dated 28 April 2006, from a United States Senator from West Virginia; 


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 21 May 1968, the date of his discharge from the Regular Army.  The application in this case is dated 26 April 2006.    

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 DD Forms 214 show that he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the basic Parachutist Badge, the Basic Missileman Badge, the Expert Marksmanship Qualification Badge with Carbine Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

4.  In his application, the applicant essentially stated that immediately prior to his brother’s death, he was on a night reconnaissance patrol when the patrol heard a noise, so he hit the ground, and landed chest-first on a scorpion.   He also stated, in effect, that that he hurt his foot the following morning, as something pierced his right foot when kicking in doors while searching a Vietcong village.  He continued by stating that upon returning from the reconnaissance patrol, his company commander told him that his brother had been killed.  He also stated, in effect, that he would have normally gone to the medics for treatment of his wounds, but that the death of his brother made him snap, and that the only thing he could think of was what happened to his brother, and getting him home of their family.  He also essentially states that his father, uncle and cousin met him at the airport in Charleston, West Virginia upon return to the United States, and when they saw the kind of medical condition he was in from the scorpion sting and injured foot, they rushed him to Thomas Memorial Hospital for medical treatment.

5.  The applicant provided three statements, dated in August and September of 2004, from family members which essentially stated that when the applicant returned from Vietnam in early October 1965, the applicant essentially came off the plane with a scorpion sting to his chest, and a foot injury that he incurred when a piece of bamboo went through it while he was kicking in a door in Vietnam.  
6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show that he was awarded the Purple Heart.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) also does not have any entries which show that he sustained wounds as a result of hostile action.  Item 41 (Awards and Decorations) of this same form does not show that he was awarded the Purple Heart.  There are no general orders in the applicant’s military records which show that he was awarded the Purple Heart.  Further, there is no evidence in the applicant’s military records which shows that he was wounded in action.  Additionally, although there are nine entries on the Vietnam Casualty Roster with names matching the applicant’s last name, first name, and middle initial, none of these entries matched the applicant’s social security number or service number.

7.  During a review of the applicant’s records, it was determined that he is entitled to additional awards and decorations that are not shown on his DD Forms 214.

8.  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 at the time of the applicant’s assignment to Troop A, 2nd Squadron, 17th Cavalry Regiment, the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 17, dated 1968, as amended by Department of the Army General Orders Number 1, dated 1969.  It was also cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.  

9.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It 
states, in pertinent part, that a bronze service star is authorized with this award 
for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during his tour in Vietnam, the applicant was credited with participating in the Vietnam Defense Campaign.    

10.  Army Regulation 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 a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart. 

2.  The three letters from the applicant’s family members which state that the applicant was stung in the chest by a scorpion and that he injured his foot when a piece of bamboo went through it while kicking in a door were noted.  However, these statements, signed nearly 39 years after the fact, are not corroborated by any evidence in the applicant’s records.  

3.  While the Board does not doubt the veracity of the applicant’s claim to entitlement to the Purple Heart, there is no evidence in the applicant’s military records which shows that he sustained wounds as a result of hostile action, and that he was treated by medical personnel for those wounds, and that this treatment was made a matter of official record.  Regrettably, absent such evidence, there is insufficient basis for awarding the Purple Heart to the applicant in this case.  

4.  General orders awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Troop A, 2nd Squadron, 17th Cavalry Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show these unit awards.

5.  The applicant participated in one campaign during his tour in Vietnam; therefore, he is entitled to one bronze service star to be affixed to his already awarded Vietnam Service Medal.

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 May 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
20 May 1971.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file based on the fact there are no time limitations on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MM __  ___JM __  __QS  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  The Board determined that 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 to show the award of the Purple Heart.

3.  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 by awarding him the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and by showing one bronze service star to be affixed to his already awarded Vietnam Service Medal.  




______Mark Manning________
          CHAIRPERSON




INDEX

CASE ID
AR20060006775
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH ADMIN NOTE
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0034.0000
3.
107.0094.0000
4.
107.0073.0000 (add bronze service stars)
5.
110.0400.0000
6.