RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060010677 


	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

Mr. David S. Griffin

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergquist

Member

Ms. LaVerne M. Douglas

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, in effect, he was wounded in his right arm in 1969 while serving in Vietnam.

3.  The applicant provides no additional documentation or evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
17 January 1970, the date of his release from active duty.  The application submitted in this case is dated 17 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 he was inducted on 22 March 1968.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11B (light weapons infantryman).

4.  The applicant was assigned to Company A, 3rd Battalion, 22nd Infantry, 
25th Infantry Division in Vietnam during the period from 5 April 1969 to 
11 January 1970.

5.  The applicant’s separation medical examination, dated 16 January 1970, does not indicate that he suffered any wounds resulting from hostile action while on active duty.

6.  On 17 January 1970, the applicant was released from active duty to attend school.  He had completed 1 year, 9 months, and 26 days of active service that was characterized as honorable.

7.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 17 January 1970, which he authenticated in his own hand, does not show the award of the Purple Heart.  However Item 24 does show the award of the Bronze Star Medal.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating that the applicant received any wounds.  

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

10.  There are no orders in the applicant's military service records awarding him the Purple Heart.

11.  The applicant's name does not appear on the Vietnam Casualty Roster.

12.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

13.  Headquarters, 25th Infantry Division General Orders Number 9001, dated  11 June 1969, awarded the applicant the Bronze Star Medal with “V” device for actions on 19 June 1969 in the Republic of Vietnam.

14.  Headquarters, 25th Infantry Division General Orders Number 12315, dated 29 September 1969, awarded the applicant the Bronze Star Medal with First Oak Leaf Cluster for meritorious achievement from 1 July 1969 to 31 August 1969 in the Republic of Vietnam.

15.  Headquarters, 25th Infantry Division General Orders Number 14847 (as amended), dated 29 November 1969, awarded the applicant the Bronze Star Medal with Second Oak Leaf Cluster.

16.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 1969); the Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969); and the Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970).

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, at the time of the applicant’s assignment to the 3rd Battalion, 22nd Infantry the unit received the following unit awards:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 September 1968 to 30 September 1970, based on Department of the Army General Order Number 5, dated 1973; and 

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 August 1967 to 21 January 1970, based on Department of Army General Order Number 51, dated 1971.

18.  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 the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

19.  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.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

20.  Army Regulation 600-8-22 states, in pertinent part, that the bronze Oak Leaf Cluster is awarded to denote the second and succeeding awards of decorations (other than the Air Medal).

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he suffered a wound to his right arm in Vietnam, there are no corroborating documents or evidence to show he was wounded or treated for wounds resulting from hostile action.

2.  In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action, there is insufficient evidence upon which to base award of the Purple Heart in this case.
3.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

4.  The applicant’s DD Form 214 does not show all of the Bronze Star Medals awarded the applicant.  The evidence of record shows the applicant was awarded three Bronze Star Medals, one with the “V” device.  Therefore, Item 24 of the applicant’s DD Form 214 should be amended to read: Bronze Star Medal with “V” device and two Oak Leaf Clusters.

5.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

6.  Based on the applicant's service with 3rd Battalion, 22nd Infantry, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 17 January 1970, the date of his release from active duty.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 16 January 1973.  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 time limitation on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____lmd_  ___lcb__  ___tsk___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it is 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.

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 to show award of the Bronze Star Medal with “V” device and two Oak Leaf Clusters, three bronze service stars to be worn on his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 





__________Ted S. Kanamine____
          CHAIRPERSON




INDEX

CASE ID
AR200600010677
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070227
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.