RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060010679 


	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. Gerard W. Schwartz

Acting Director

Mr. Andrew C. Jacobs

Analyst


The following members, a quorum, were present:


Mr. James Anderholm

Chairperson

Mr. Scott Faught

Member

Mr. Roland Venable

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 the award of the Purple Heart.

2.  The applicant essentially states that his Purple Heart is not listed on his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

3.  The applicant provides his DD Form 214 and a DA Form 8-275-2 (Clinical Record Cover Sheet) which shows he sustained multiple fragment wounds from a booby trap on 11 March 1970, and was awarded the Purple Heart while assigned to the 67th Evacuation Hospital in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
11 February 1972, the date of his release from active duty.  The application submitted in this case is dated 21 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 
24 April 1969.  He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  After completing the Basic Airborne Course, he departed for the Republic of Vietnam on 22 October 1969.  He served with Company D, 4th Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade during his tour in Vietnam.  On 
11 March 1970, the applicant was wounded in action when he hit a booby trap and sustained multiple fragmentation wounds to his lower right leg and right chest.  He returned to the continental United States 10 June 1970, and served at Fort Bragg, North Carolina until he was honorably released from active duty on 
11 February 1972.  The DD Form 214 that was issued to him at the time of his release from active duty shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, 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.  However, the applicant provided a DA Form 8-275-2 which clearly shows he sustained multiple fragmentation wounds to his lower right leg and right chest on 11 March 1970 when he hit a booby trap.  This document also shows the applicant was awarded the Purple Heart by Headquarters, 67th Evacuation Hospital General Orders Number 66, dated 12 March 1970.  Also, Item 40 (Wounds) of his DA Form 20 has a corresponding entry.  Additionally, there is a corresponding entry on the Vietnam Casualty Roster.

5.  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.

6.  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 4th Battalion (Airborne), 503rd Infantry Regiment, 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 51, dated 1971.  The unit was also cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 5, dated 1973.

7.  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. 

8.  The applicant’s DD Form 214 does not show he was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar or the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  However, he was awarded these marksmanship badges by Headquarters, 1st Advanced Individual Training Brigade, United States Army Training Center (Infantry), Fort Dix, New Jersey Special Orders Number 179, dated 21 August 1969.



9.  Army Regulation 600-8-22 (Military Awards) provides in pertinent part, that a bronze service star is authorizes 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.  The applicant was credited with participating in the Vietnam Summer-Fall 1969 campaign, Vietnam Winter-Spring 1970 campaign, and the DA Sanctuary Counteroffensive campaign.

10.  Army Regulation 600-8-22 also provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show the award of the Purple Heart.

2.  Evidence of record clearly shows the applicant was awarded the Purple Heart for wounds received in action against the enemy on 11 March 1970.  Therefore, he is entitled to correction of his military records to show the award of the Purple Heart.

3.  General orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while the applicant was assigned to the unit.  Therefore, he is entitled to these awards and correction of his military records to show these unit awards.

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

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his military records to show these awards.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 February 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 February 1975.  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 partial relief being granted in this case, and the fact that there is no time limitation on requests for award of the Purple Heart, and the relief being granted in this case.

BOARD VOTE:

___JA___  ___SF __  ___RV __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  showing award of the Purple Heart for wounds received in action against the enemy in Vietnam while serving as a private first class on 11 March 1970;

b.  awarding him the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; 

c.  showing award of the Expert Marksmanship Qualification Badge with Machinegun Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

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




____James Anderholm_______
          CHAIRPERSON





INDEX

CASE ID
AR20060010679
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070306
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0015.0000
2.
107.0094.0000
3.
107.0095.0000
4.
107.0108.0000
5.
107.0109.0000
6.
107.0073.0000 (add bronze service stars)
7.
110.0400.0000