RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060010525 


	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.


x
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 is entitled to a Purple Heart.

3.  The applicant provides a Standard Form 600 (Chronological Record of Medical Care) and Ground Forces Commander’s Situation Report, dated          21 February 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 25 January 1972.  The application submitted in this case is dated 11 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 enlisted in the Regular Army on 26 May 1969 for a period of three years.  He completed basic combat training at Fort Knox, Kentucky and was reassigned to Fort Jackson, South Carolina for advanced individual training (AIT).  At the completion of AIT, he was awarded military occupational specialty 63B (Wheeled Vehicle Mechanic).  He later completed basic airborne training at Fort Benning, Georgia.

4.  Item 41 (Awards and Decorations) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was awarded the Parachutist Badge by Headquarters, Training Support Battalion, Fort Benning, Georgia, Special Order Number 31, dated 4 February 1970.

5.  His DA Form 20 shows he was assigned to Company B, 15th Supply and Service Battalion, 1st Cavalry Division in Vietnam on 16 June 1970.

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 3268, dated 19 February 1971, awarded the applicant the Army Commendation Medal for meritorious achievement on 1 February 1971.

7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 6446, dated 26 March 1971, awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service from June 1970 through April 1971.

8.  The applicant’s DA Form 20 shows he also served with Detachment 4, Headquarters and Headquarters, 3rd Brigade, 1st Cavalry and the Supply and Transport Company, 215th Command Support Battalion, 3rd Brigade, 1st Cavalry in Vietnam.

9.  The applicant's Chronological Record of Medical Care shows he received medical treatment on 22 January 1972 for bleeding from his right ear.

10.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  His DA Form 20 does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.

11.  The applicant departed Vietnam on 24 January 1972 and was credited with participation in the DA Sanctuary Counteroffensive Campaign, the Vietnam Counteroffensive Phase VII Campaign, the Consolidation I Campaign, and the Consolidation II Campaign.  He completed 1 year, 7 months, and 10 days foreign service.  Item 30 (Remarks) on his DD Form 214 erroneously shows he served in Vietnam from 16 January 1970 through 26 January 1972.  

12.  The applicant was honorably released from active duty on 25 January 1972. His DD Form 214 shows he was awarded the National Defense Service Medal, the Army Commendation Medal, and the Air Medal.  Item 41 on his DA Form 20 indicates he was issued the Vietnam Service Medal and the Republic of Vietnam Campaign Medal; however, these medals are not listed on his DA Form 214.

13.  The applicant provided a Ground Forces Commander’s Situation Report, dated 21 February 1972 for the date 21 February 1972, regarding continued operations of the 3rd Brigade, 1st Cavalry in Vietnam.  This document indicates that Bien Hoa Air Force Base received an attack by fire consisting of rockets in which two non-Cavalry individuals were wounded in action.  The report does not list the names of the individuals who were wounded in action.

14.  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 15th Supply and Service Battalion, 1st Cavalry Division, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 42, dated 1972.

15.  Department of the Army Pamphlet 672-3 also shows that, at the time of 
the applicant's assignment to the 15th Supply and Service Battalion, 1st Cavalry Division, this unit was cited for award of the Valorous Unit Award by DAGO Number 43, dated 1972.

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of 
the applicant's assignment to the 15th Supply and Service Battalion, 1st Cavalry Division, this unit was cited for award of the Meritorious Unit Commendation by DAGO Number 43, dated 1972.

17.  The historical files of Headquarters, 3rd Brigade (Separate), 1st Cavalry Division in Vietnam were reviewed at the National Archives in College Park, Maryland.  The review failed to show documentation showing the applicant’s entitlement to award of the Purple Heart.  

18.  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.  Paragraph 2-8b(2) states that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  The regulation states that the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

19.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  


20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  

21.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders which authorize award of the Purple Heart to the applicant.  His name is not listed on the Vietnam Casualty Roster.

2.  The applicant's Chronological Record of Medical Care was carefully reviewed. However, this medical document does not verify that the applicant was wounded or injured as a result of hostile action.  This medical document indicated he was treated for bleeding from his right ear.  The 21 February 1972 Situation Report he provided in support of his request describes action that occurred after the applicant departed Vietnam.  In addition, the Situation Report stated that two non-Cavalry individuals were wounded.  The applicant was a 1st Cavalry Soldier. Therefore, there is insufficient evidence on which to base correction of his records to show award of the Purple Heart.

3.  General orders show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for meritorious service from June 1970 through April 1971.  However, this second award of the Army Commendation Medal is not shown on his DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 to show the Army Commendation Medal (First Oak Leaf Cluster).

4.  The applicant was awarded the Parachutist Badge by Headquarters, Training Support Battalion, Fort Benning, Georgia, Special Order Number 31, dated 4 February 1970.  However, this badge is not shown on his DD Form 214.  Therefore, it would be appropriate to amend his DD Form 214 to show the Parachutist Badge.

5.  The applicant served a period of qualifying service for award of the Vietnam Service Medal and the Republic of Vietnam Campaign Medal.  These awards are listed on his Enlisted Qualification Record; however, they are not shown on his DD Form 214.  Therefore, the Vietnam Service Medal and the Republic of Vietnam Campaign Medal should be added to his DD Form 214.
6.  The applicant received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show four bronze service stars for wear on his Vietnam Service Medal.

7.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the Meritorious Unit Commendation.

8.  Evidence shows that the applicant’s records contain administrative errors which do 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 or injustice now under consideration on 25 January 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 24 January 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x______ x______ x______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Army Commendation Medal (First Oak Leaf Cluster), the Parachutist Badge, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Gallantry 
Cross with Palm Unit Citation, the Valorous Unit Award, and the Meritorious Unit Commendation.




x____________
          CHAIRPERSON


INDEX

CASE ID
AR20060010525
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070213
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
107.0015
2.

3.

4.

5.

6.