RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060006781 


	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 his military records be corrected to show that he was awarded the Purple Heart.  He also requests that he be awarded the Combat Infantryman Badge, and would like a promotion from specialist four (SP4) to sergeant (SGT).

2.  The applicant essentially states that his records do not show that he received the Purple Heart for wounds he received on 25 August 1970.  He also states, in effect, that he should be awarded the Combat Infantryman Badge because he was attached to 1st Battalion of the 11th Infantry Regiment from July 1970 to February 1971, and went on many missions during that time.  He further states that he went before the SGT promotion board, but never received his promotion, and would like to have the promotion to SGT with no claim to back wages.  

3.  The applicant provides a self-authored statement in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged injustices that occurred on 
28 February 1971, the date of his release from active duty.  The application submitted in this case is dated 7 May 2006.

2.  The applicant’s records show that he was inducted into the Army of the United States on 15 July 1969.  After three periods of being absent without leave, the last of which was later changed to desertion, he completed basic and advanced individual training and was awarded military occupational specialty (MOS) 13A (Field Artillery Basic).  He departed for the Republic of Vietnam on 2 February 1970, and was assigned to Battery A, 5th Battalion, 4th Artillery Regiment, 
1st Brigade, 5th Infantry Division during his tour in Vietnam.  He returned to the continental United States 28 February 1971, and was honorably released from active duty on that date.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that was issued to him at the time of his release from active duty shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

3.  The applicant essentially states that he received the Purple Heart for wounds he received on 25 August 1970.  However, 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 ever wounded in action.

4.  The applicant also requested that he be awarded the Combat Infantryman Badge.  However, the applicant’s military records do not show that he ever possessed or served in an infantry MOS, or ever served in an infantry unit of brigade, regimental or smaller size.

5.  The applicant further requested that he be promoted from SP4 to SGT.  However, there is no promotion authority to promote him to SGT, nor is there any evidence in his military records that shows that he appeared before a SGT promotion board.

6.  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 Form 214.

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 that at the time of the applicant’s assignment to the 5th Battalion, 4th Artillery, the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 42, dated 1972.  

8.  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 Winter-Spring 1970 campaign, the DA Sanctuary Counteroffensive campaign, and the Vietnam Counteroffensive Phase VII campaign.  

9.  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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officer and enlisted personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  A recipient must be personally present and under hostile fire while serving in an assigned infantry primary duty, in a unit actively engaged in ground combat with the enemy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was awarded the Purple Heart.  He also contends that he should be awarded the Combat Infantryman Badge, and also a promotion from SP4 to SGT.

2.  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.  Absent such evidence, there is no basis for awarding the Purple Heart to the applicant in this case.  

3.  As the applicant’s military records clearly show that he did not possess or serve in an infantry MOS, or that he served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size, there is also no basis for awarding the Combat Infantryman Badge to the applicant in this case.

4.  As there is no promotion authority to promote him, or any evidence which shows that he appeared before a SGT promotion board, there is no basis for promoting him from SP4 to SGT.

5.  General orders awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 5th Battalion, 4th Artillery Regiment while the applicant was assigned to this unit.  Therefore, he is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and correction of his military records to show this unit award.
6.  The applicant participated in three campaigns during his tour in Vietnam; therefore, he is entitled to three bronze service stars to be affixed to his already awarded Vietnam Service Medal.

7.  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.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 February 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
27 February 1974.  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, the Combat Infantryman Badge, or promoting him from SP4 to SGT.



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 Republic of Vietnam Gallantry Cross with Palm Unit Citation, and by showing three bronze service stars to be affixed to his already awarded Vietnam Service Medal.  




______Mark Manning_________
          CHAIRPERSON




INDEX

CASE ID
AR20060006781
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.
107.0111.0000
3.
107.0094.0000
4.
107.0073.0000 (add bronze service stars)
5.
110.0400.0000
6.
131.0900.0000