RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011484 


	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 he received a hearing injury when two shells hit and exploded inside the personnel carrier he was driving.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 15 September 1967, the date of his release from active duty.  The application submitted in this case is dated 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.  On 8 December 1965, 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).

4.  On 1 March 1966, the applicant was assigned for duty as an infantryman with the 2nd Battalion, 22nd Infantry Regiment, 4th Infantry Division, Fort Lewis, Washington.  On 17 May 1966, his unit deployed to the Republic of Vietnam, where he was assigned duty as a personnel carrier driver. 

5.  On 9 April 1967, the applicant was reassigned to Company D, 58th Infantry Battalion for duty as an infantryman.   He was returned to the United States on 
10 September 1967.

6.  On 15 September 1967, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and completed 1 year, 
9 months, and 8 days of creditable active duty.

7.  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 Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal, Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Automatic Rifle Bar.  It does not show award of the Purple Heart. 

8.  There are no general orders in the applicant's records awarding him the Purple Heart.  The applicant's name does not appear on the Republic of Vietnam Casualty Roster.  

9.  Item 40 (Wounds) of the applicant's Enlisted Qualification Record (DA Form 20) is blank.

10.  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.

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

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 two campaigns: the Vietnam Counteroffensive, Phase II, and III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 22nd Infantry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Presidential Unit Citation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.   This publication further shows that Company D, 58th Infantry Battalion, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation.



DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record showing that the applicant was wounded or injured as a result of hostile action, or that he received medical treatment for any such wounds, during his tour of duty in the Republic of Vietnam.  The Vietnam Casualty Roster does not show that he was wounded in action or hospitalized.  Therefore, there is no basis for granting the applicant's request for award of the Purple Heart.

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

3.  General Orders show that the applicant's unit was awarded the Presidential Unit Citation and the Meritorious Unit Commendation.  Therefore, his records should be corrected to show these unit awards.

4.  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.

5.  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 3 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 15 September 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 14 September 1970.  The applicant did not file within the 3-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

__JCR___  __JRH__  __TMR __  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.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  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 by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Presidential Unit Citation, Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




__      Thomas M. Ray______
          CHAIRPERSON




INDEX

CASE ID
ARAR20060011484
SUFFIX

RECON
 
DATE BOARDED
20070301 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.