RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060010813 


	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
	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 that he be awarded two awards of the Purple Heart (PH w/1OLC). 

2.  The applicant states, in effect, that he received a head injury in December 1969 and was slightly wounded in the head in May 1970 and was told by his commander that he would be receiving the Purple Heart; however, he has never received those awards.  

3.  The applicant provides a copy of his report of separation (DD Form 214) and a letter from the National Archives explaining that a search of the applicant’s unit in Vietnam failed to reveal any daily journals for the period of October 1969 through September 1970.  

CONSIDERATION OF EVIDENCE:

1.  He was inducted in Cincinnati, Ohio on 12 March 1969 and was transferred to Fort Dix, New Jersey to undergo his training.  He successfully completed his training and was transferred to Vietnam on 24 August 1969.  

2.  He was assigned to Company B, 2nd Battalion, 22nd Infantry Regiment, 25th Infantry Division for duty as a rifleman.  He was advanced to the pay grade of E-3 on 25 August 1969, to the pay grade of E-4 on 7 November 1969 and was promoted to the rank of sergeant on 12 June 1970.  

3.  He departed Vietnam on 15 August 1969 and was transferred to Fort Hood, Texas, where he remained until he was honorably released from active duty (REFRAD) at his request on 28 December 1970, for the purpose of entering or returning to college, university or equivalent educational institution.  He had served 1 year, 9 months and 17 days of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal (VSM) with one bronze service star, the Republic of Vietnam Campaign Medal, the Bronze Star Medal with one oak leaf cluster (1OLC) and “V” Device, the Combat Infantryman Badge (CIB) and the National Defense Service Medal.    

4.  A review of the available records as well as the Vietnam Casualty listing fails to show that the applicant was wounded, that he was treated for wounds or that he was reported as a casualty.  However, the available records do show that the applicant was awarded (subsequent to his REFRAD) an individual award of the Republic of Vietnam Gallantry Cross with Bronze Star that was not added to his DD Form 214.

5.  Additionally, the applicant’s records show that he participated in five campaigns in Vietnam instead of the one campaign indicated on his DD Form 214 and thus is authorized one silver service star for wear on his VSM instead on one bronze service star.  He also was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Action Honor Medal – First Class (RVNCAHM-FC) Unit Citation.        

6.  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.  While the Board does not doubt the veracity of the applicant’s claim to have sustained injuries and wounds while serving in Vietnam, there is no evidence in the available records and the applicant did not provide any evidence to corroborate his claim.  Regrettably, absent evidence which conclusively shows that the applicant was wounded as a result of hostile action, and that he was treated for wounds incurred as a result of hostile action which was made a matter of official record, there is no basis to grant award of the Purple Heart to the applicant in this case.  

2.  However, the available records do show that he is entitled to have awards of the Republic of Vietnam Gallantry Cross with Bronze Star, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver service star for wear on his VSM in lieu of the one bronze service star currently reflected on his DD Form 214.  

3.  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.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 December 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
27 December 1973.  The applicant did not file within the three-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X ___  __X__  ___X___  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 to show awards of the Republic of Vietnam Gallantry Cross with Bronze Star, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver service star for wear on his VSM in lieu of the one bronze service star currently reflected on his DD Form 214. 




______X________
          CHAIRPERSON




INDEX

CASE ID
AR20060010813
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 w/note)
REVIEW AUTHORITY

ISSUES         1.107.0015
61/ph
2.

3.

4.

5.

6.