RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011288 


	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.


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	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 he was wounded by shrapnel and he was shot in his foot. 

3.  The applicant provides no additional documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred
on 6 November 1967.  The application submitted in this case is dated 2 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 enlisted in the Regular Army on 31 October 1964 for a period of three years.  He completed basic training and advanced individual training at Fort Knox, Kentucky.  He later completed basic airborne training at Fort Benning, Georgia.  He was assigned to Vietnam on 19 January 1966 with Company D, 1st Battalion, 8th Cavalry, 1st Cavalry Division as a rifleman.

4.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows he was wounded by fragments to his left arm on 26 December 1966.  His DA Form 20 also shows he sustained a gunshot wound to his left foot on 30 January 1966.  His name is not included on the Vietnam Casualty Roster.

5.  The applicant’s personnel records contain a DA Form 19-24 (Statement) which indicates that an investigation of a line of duty determination was conducted on 15 March 1966.  During this investigation, the applicant stated he was on guard duty on the night of 30 January 1966 and he fell asleep with his pistol in his hand.  He thought he heard something moving in the brush which startled him and he accidentally squeezed the trigger which caused the weapon to discharge hitting himself in the left foot.  He stated that the wound was not intentionally self-inflicted.  

6.  The applicant departed Vietnam on 24 January 1967 and was credited with participation in the Vietnam Counteroffensive Campaign and the Vietnam Counteroffensive Phase II Campaign.

7.  The applicant was released from active duty on 6 November 1967.  His DD Form 214 shows he was awarded the Parachutist Badge, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Air Medal, and the Combat Infantryman Badge. 

8.  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 Company D, 1st Battalion, 8th Cavalry, 1st Cavalry Division, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 59, dated 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.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s Enlisted Qualification Record shows he was wounded by fragments to his left arm on 26 December 1966.  There are no medical documents which verify that he was wounded as result of hostile action and his name is not listed on the Vietnam Casualty Roster.  This entry alone is insufficient evidence on which to base award of the Purple Heart.

2.  The applicant’s Enlisted Qualification Record also shows he sustained a gunshot wound to his left foot on 30 January 1966.  However, other evidence of record shows he was wounded due to the accidental discharging of his weapon while he was on guard duty.  Therefore, he has not met the requirements for award of the Purple Heart.

3.  The applicant received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be administratively corrected to show two bronze service stars for wear on his Vietnam Service Medal.

4.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this foreign unit award should be added to his DD Form 214.

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 or injustice now under consideration on 6 November 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 November 1970.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case 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

x______ x______ x______  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 add the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.




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          CHAIRPERSON




INDEX

CASE ID
AR20060011288
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070301
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015
2.

3.

4.

5.

6.