RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060011269 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Ted Kanamine

Chairperson

Mr. Larry Bergquist

Member

Ms. LaVerne 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 that he did not receive the Purple Heart for an injury caused by a booby trap in Vietnam.  He contends that he fell on a punji stake which went two to three inches into his right hand, between his third and fourth fingers.  He states that a fellow Soldier helped him remove it and the field medic gave him a shot for infection but his hand still swelled up to the size of a softball. He also states that his unit was short of men so he was not able to go to a hospital for further treatment.  He further states that the problem stems from the poor record keeping by the medics in the field.     

3.  The applicant provides an eyewitness statement, dated 28 April 2006; a document pertaining to Vietnamese booby traps; an Honorable Discharge Certificate; a copy of his DD Form 214 (Report of Transfer or Discharge); and a letter, dated 9 August 2006, from a Member of Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
6 March 1969.  The application submitted in this case is dated 4 May 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 on 7 March 1966 for a period of 3 years.  He arrived in Vietnam on 11 September 1966.  He served as a light weapons infantryman assigned to Company B, 1st Battalion, 35th Infantry in Vietnam from 
18 September 1966 through 8 September 1967.  On 6 March 1969, the applicant was released from active duty.  

4.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Pistol Bar, the First Class Gunner Badge 
with Machinegun Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

5.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

7.  On 14 January 1969, the applicant underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam.  Item 35 (Upper Extremities) on his Standard Form 88 (Report of Medical Examination) is rated as normal.  Item 39 (Identifying Body Marks, Scars, Tattoos) on this Standard Form 88 indicates that he has a scar on the right side of the back of his neck (posterior cervical region).  However, there is no evidence that this scar was the result of hostile action.

8.  In support of his claim, the applicant provided an eyewitness statement, dated 28 April 2006, from a fellow Soldier at the time in question.  He attests that in the summer of 1967 while engaged in combat operations in Vietnam, during a helicopter landing into a hot landing zone, he witnessed the applicant fall forward into a punji stake trap.  He states that one stake entered into the applicant’s third finger on his right hand about two or three inches, that he helped remove the punji stake, and that the medic later gave the applicant a shot and dressed the wound.     

9.  Headquarters, 1st Armored Division (Old Ironsides) General Orders Number 11, dated 8 February 1969, show the applicant received the Good Conduct Medal for the period 7 March 1966 to 6 March 1969.

10.  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 the applicant's unit is entitled to award of the Valorous Unit Award for actions during the period 22 April 1967 to 20 August 1967 based on Department of the Army General Orders Number 43, dated 1972.

11.  Department of the Army Pamphlet 672-3 shows the applicant's unit is entitled to one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (January 1966 to 1 August 1967) based on Department of the Army 
General Orders Number 48, dated 1971, and a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 August 1967 to 18 July 1969) based on Department of the Army General Orders Number 38, dated 1970. 

12.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

13.  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.  

14.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he injured his right hand on a punji stake in Vietnam, there is no evidence in the available records that shows he was wounded as a result of a punji stake or any hostile action in Vietnam.  In the absence of orders or any other evidence which shows the applicant was wounded or treated for wounds as a result of hostile action, the eyewitness statement provided by the applicant is not sufficient as a basis for an award of the Purple Heart.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  Orders show the applicant received the Good Conduct Medal.

3.  The applicant’s unit was cited for award of the Valorous Unit Award and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

4.  The applicant's unit was awarded two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is entitled to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  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.

6.  Records show the applicant should have discovered the alleged error now under consideration on 6 March 1969; therefore, the time for the applicant to file a request for correction of any error expired on 5 March 1972.  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 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

TK_____  __LB____  __LD____  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 that he was awarded the Good Conduct Medal, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




__Ted Kanamine________
          CHAIRPERSON


INDEX

CASE ID
AR20060011269
SUFFIX

RECON

DATE BOARDED
20070227
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.