RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060010957 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. John T. Meixell

Member

Mr. Qawiy A. Sabree

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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart. 

2.  The applicant states, in effect, that he was wounded in 1968 while serving in Vietnam.  He was given the Purple Heart; however, it is not shown on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 October 1969, the date of his release from active duty.  The application submitted in this case is dated 17 July 2006, but was received for processing on 3 August 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 record shows he was inducted into the Army of the United States on 2 November 1967.  The applicant successfully completed basic combat training at Fort Bragg, North Carolina, and advanced individual training at Fort Polk, Louisiana.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11B, light weapons infantryman.

4.  The applicant served in Vietnam from 16 April 1968 to 7 December 1968 with Company C, 4th Battalion, 9th Infantry Regiment, 25th Infantry Division.  He was promoted to Specialist Four (SP4)/E-4 effective 23 October 1968.  He continued to serve until he was honorably released from active duty on 31 October 1969.  He was transferred to the U.S. Army Reserve (USAR). 


5.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal; the Marksman Marksmanship Qualification Badge, with Rifle Bar; the Vietnam Service Medal; the Bronze Star Medal; the Combat Infantryman Badge; and the Republic of Vietnam Campaign Medal with Device 1960.   His DD Form 214 does not show any additional awards. 

6.  Item 40, of his DA Form 20, shows the entry, "GSW (gun shot wound) ELBOW 23NOV68" (23 November 1968).  Item 41 (Awards and Decorations) does not show the Purple Heart.  Item 38 (Record of Assignments) shows that he was in a patient status effective 7 December 1968.  His name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 23 November 1968. 

7.  The applicant's records contain several copies of Western Union telegrams and messages.  These source documents indicated that the applicant received a gunshot wound to the left elbow and fracture of his right humerous on 23 November 1968 while engaged with hostile forces while serving in Vietnam.  He was admitted to the 12th Evacuation Hospital on 25 November 1968.

8.  The applicant's records contain a copy of Headquarters, U. S. Army Quartermaster Center and Fort Lee, General Orders Number 364, dated 15 October 1969, which awarded him the Good Conduct Medal (First Award), for the period 2 November 1967 to DOSOA (date of separation on or about) 1 November 1969.

9.  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 statute of limitations on requests for award of the Purple Heart.

10.  While the applicant was assigned to Vietnam he participated in three campaigns.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.   

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO Number 51, dated 1971, while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant received a gunshot wound to his elbow in Vietnam on 23 November 1968 as a result of hostile action.  Therefore, he is entitled to correction of his records to show the award of the Purple Heart.

2.  The evidence of records shows that the applicant was awarded the Good Conduct Medal (First Award), for the period 2 November 1967 to date of separation on or about 1 November 1969.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  However, he participated in three campaigns and he is therefore, entitled to three bronze service stars to be affixed to the already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show these unit awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 October 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 October 1972.  Although the applicant did not file within the ABCMR's 3-year statute of limitations, it is appropriate to waive failure to timely file based on the fact there is no statute of limitations on requests for award of the Purple Heart

BOARD VOTE:

__J_____  __MDM__  __QAS__  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 showing that he was awarded the Purple Heart; the Good Conduct Medal (First Award), for the period 2 November 1967 to date of separation on or about 1 November 1969; the Vietnam Service Medal, with three bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.




_____Mark D. Manning______
          CHAIRPERSON




INDEX

CASE ID
AR20060010957
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19691031
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.