RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011286 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Thomas M. Ray

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. James R. Hastie

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 correction of his military records to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states that the Purple Heart was omitted from his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

3.  The applicant provides a copy of his DD Form 214 and DD Form 1380 (Field Medical Card). 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 16 December 1968, the date of his release from active duty.  The application submitted in this case is dated 1 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.  On 30 March 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).  He also completed the 12-week Scout Dog Handler Course in 1967 and was awarded MOS 11F4D (Scout Dog Handler).

4.  On 26 December 1967, the applicant was assigned for duty as a senior scout observer with the 44th Infantry Platoon, Scout Dog, 25th Infantry Division, in the Republic of Vietnam.  

5.  DD Form 1380, dated 4 September 1968, shows that the applicant received a wound as a result of enemy action on 2 September 1968, while on an ambush patrol.  The form does not specify the nature of the wound, but indicates that he received the tetanus vaccine.  


6.  On 12 December 1968, the applicant was returned to the United States.

7.  On 16 December 1968, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E5 and completed 1 year,
8 months, and 14 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Army Commendation Medal, Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal, and the Vietnam Campaign Medal.  It does not show award of the Purple Heart or any marksmanship qualification badges.

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.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Item29 (Qualification in Arms) of the applicant's Enlisted Qualification Record (DA Form 20) shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

12.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaigns: the Vietnam Counteroffensive, Phase III; the TET Counteroffensive, 1968; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; and the Vietnam Counteroffensive, Phase VI.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

13.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The DD Form 1380 clearly shows that the applicant received a wound as the result of enemy action and was given medical treatment.  Therefore, he should be awarded the Purple Heart.

2.   Records show that the applicant participated in five campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his Vietnam Service Medal.

3.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

4.  Records show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.  Therefore, his records should be corrected to show this award.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 December 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
15 December 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

_JCR ___  __JRH __  __TMR__  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.  awarding him the Purple Heart for wounds received on 2 September 1968; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart, the Expert Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a silver service star to be affixed to his already-awarded Vietnam Service Medal.
.  


 
___   Thomas M. Ray_________
          CHAIRPERSON




INDEX

CASE ID
AR20060011286
SUFFIX

RECON
 
DATE BOARDED
20070301 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.