RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060010060 


	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.


	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 he was wounded in action while serving in Vietnam, but that he has not been awarded the Purple Heart.

3.  The applicant provides a Symptoms, Diagnosis, Treatment, and Treating Organization form and Department of Veterans Affairs (DVA) Form 10-10m (Medical Certificate and History), dated 17 May 1974, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
3 September 1971, the date of his release from active duty.  The application submitted in this case is dated 10 July 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 military records show that he enlisted in the Regular Army on 
5 September 1968.  He completed basic and advanced individual training and was awarded military occupational specialty 95B (Military Policeman).  After completing the Basic Airborne Course, he was assigned to the 546th Military Police Company at Fort Sill, Oklahoma in March 1969.  On 22 July 1969, he departed for the Republic of Vietnam.  He initially served with the 194th Military Police Company from 26 July 1969 until he was reassigned to the 282nd Aviation Company (Assault Helicopter) on 8 November 1969.  He served as a Door Gunner in MOS 67A1F until he returned to the continental United States on 
21 July 1970.  He was then reassigned back to the 546th Military Police Company at Fort Sill, Oklahoma, and served with this unit until he was honorably released from active duty on 3 September 1971.  The DD Form 214 that he was issued at the time of his release from active duty shows that he was awarded the Air Medal, the Air Medal with Device, 11th Award, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, and the basic Parachutist Badge.  

4.  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 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) also does not show that he was awarded the Purple Heart.  Item 40 (Wounds) of the applicant’s DA Form 20 does not contain any entries which show that he was wounded or injured in action.  There are no general orders in the applicant’s records awarding him the Purple Heart.  There are no medical or dental records which show that he was wounded or injured as a result of hostile action.  Additionally, the applicant’s name is not listed on the Vietnam Casualty Roster.

5.  The applicant provided a Symptoms, Diagnosis, Treatment, and Treating Organization form which contains an entry dated 27 June 1970.  This entry shows that a medical Soldier in the rank of specialist four removed a particle of metal from a leg.  However, this document does not show that the particle of metal was taken from the applicant’s leg, as no name is shown on this form.  Additionally, this form does not state that the particle of metal in question was a wound as a result of hostile action.

6.  The applicant also provided a DVA Form 10-10m, dated 17 May 1974.  This document shows, in pertinent part, that the applicant was evaluated by the DVA on that date, and that the applicant’s symptoms included shrapnel pieces coming out of his right leg.

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 Form 214.

8.  The applicant’s DD Form 214 has an entry which shows that he was awarded the Air Medal, and another entry of “Air Medal [with Device] 11th [Award].”  However, the applicant was awarded the Air Medal with “V” (for Valor) Device by Headquarters, 1st Aviation Brigade General Orders Number 1723, dated 3 March 1971.  He was also awarded the Air Medal with Numeral 11 Device.  

9.  The applicant’s DD Form 214 does not show that he was awarded the Army Commendation Medal.  However, he was awarded the Army Commendation Medal by Headquarters, 1st Aviation Brigade General Orders Number 2874, dated 29 April 1970.  

10.  The applicant’s DD Form 214 also does not show that he was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, or the Marksman Marksmanship Qualification Badge with Pistol Bar.  However, he was awarded the Expert Marksmanship Qualification Badge with M-16 Rifle Bar by Headquarters, 4th Training Brigade, Fort Gordon, Georgia Special Orders Number 13, dated 17 January 1969.  He was also awarded the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar by Headquarters, United States Army Training Center (Armor), Fort Knox, Kentucky Special Orders Number 304, dated 30 October 1968.  Additionally, he was awarded the Marksman Marksmanship Qualification Badge with Pistol Bar by Headquarters, 4th Advanced Individual Training Brigade, Fort Gordon, Georgia Special Orders Number 13, dated 17 January 1969.

11.  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 194th Military Police Company, the unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 48, dated 1971.  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.

12.  The applicant’s records show that he was awarded the Vietnam Service Medal, but it does not show that he was awarded 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 Summer-Fall 1969 campaign, the Vietnam Winter-Spring 1970 campaign, the DA Sanctuary Counteroffensive campaign, and the Vietnam Counteroffensive Phase VII campaign.

13.  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 supporting documentation for award of the Purple Heart which was provided by the applicant is not corroborated by any evidence in his military records.  The Symptoms, Diagnosis, Treatment, and Treating Organization form, which does not even have the applicant’s name on it, and the DVA Form 10-10m, which was prepared nearly 4 years after the applicant stated that he was wounded in action, do not conclusively prove that the applicant was wounded in action.  Additionally, his name is not listed on the Vietnam Casualty Roster.  Regrettably, absent evidence which conclusively shows that the applicant sustained wounds or injuries as a result of hostile action, and that he was treated by medical personnel for those wounds or injuries, and that this treatment was made a matter of official record, there is insufficient basis for awarding the Purple Heart to the applicant in this case.  

3.  The applicant’s DD Form 214 incorrectly shows that he was awarded the Air Medal and the Air Medal with Device and 11th Award.  Therefore, he is entitled to correction of his military records to show the award of the Air Medal with “V” Device and Numeral 11 Device.

4.  General orders awarded the applicant the Army Commendation Medal which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Army Commendation Medal.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, the Marksman Marksmanship Qualification Badge with M-14 Rifle Bar, and the Marksman Marksmanship Qualification Badge with Pistol Bar which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show the award of the Expert Marksmanship Qualification Badge with M-16 Rifle Bar and the Marksman Marksmanship Qualification Badge with M-14 Rifle and Pistol Bars.

6.  General orders awarded the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the 194th Military Police Company 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.

7.  The applicant participated in four campaigns during his tour in Vietnam; therefore, he is entitled to correction of his military records to show four bronze service stars to be affixed to his already awarded Vietnam Service Medal.

8.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

9.  Records show the applicant should have discovered the alleged error now under consideration on 3 September 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 2 September 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 that 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 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 by:

a.  showing the award of the Air Medal with “V” Device and Numeral 11 Device; 

b.  showing the award of the Army Commendation Medal, the Expert Marksmanship Qualification Badge with M-16 Rifle Bar, and the Marksman Marksmanship Qualification Badge with M-14 Rifle and Pistol Bars; 

c.  awarding him the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

d.  showing four bronze service stars to be affixed to his already awarded Vietnam Service Medal.




______Mark Manning________
          CHAIRPERSON




INDEX

CASE ID
ARAR20060010060
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.
107.0018.0000 (w/ “V” and Numeral 11 Device
3.
107.0020.0000
4.
107.0108.0000
5.
107.0110.0000 (2)
6.
107.0034.0000
7.
107.0094.0000
8.
107.0073.0000 (add bronze service stars)
9.
110.0400.0000