RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060012013 


	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

Mrs. Victoria A. Donaldson

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 that his records be corrected to show a second award of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

2.  The applicant states that when he submitted a claim for Veteran's benefits, he discovered the Purple Heart Oak Leaf Cluster was not on his separation document.

3.  The applicant provides a citation for award of the Purple Heart, a citation for award of the Army Commendation Medal (First Oak Leaf Cluster), and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 19 February 1971, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 26 July 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 records show that he was inducted in the Army of the United States on 20 February 1969.  He completed combat basic training and was awarded the military occupational specialty (MOS) 11B (Rifleman).  The applicant served a tour of duty in the Republic of Vietnam during the period 23 July 1969 through 22 July 1970.  The applicant was honorably released from active duty on 19 February 1971.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Purple Heart; however, it does not show award of the Purple Heart (First Oak Leaf Cluster).

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows that he sustained a fragment wound to his left shoulder on 11 August 1969.  There are no other entries in this section.  Item 41 (Awards and Decorations) shows award of the Purple Heart based on Headquarters, 25th Infantry Division, General Order Number 10369, dated 13 August 1969.

6.  The applicant's medical records show that he sustained a fragment wound to his left shoulder on 11 August 1969; however, they do not show that the applicant sustained additional wounds as a result of hostile action or treated for additional wounds sustained as a result of hostile action.

7.  There are no general orders in the applicant's records to show he was awarded the Purple Heart (First Oak Leaf Cluster).

8.  Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.

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

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

11.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall 1970 Campaign, the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII during his tour of duty in Vietnam.  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.  Headquarters, 25th Infantry Division General Orders Number 8389, dated 25 July 1970, show that the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster) for heroism.
14.  Headquarters, 25th Infantry Division General Orders Number 5833, dated 27 May 1970, show that the applicant was awarded the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart (First Oak Leaf Cluster).  

2.  There are no general orders that show the applicant was awarded the Purple Heart (First Oak Leaf Cluster).  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds on any day other than 11 August 1969 for which he was awarded the Purple Heart.

3.  In the absence of evidence that the applicant sustained additional wounds as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart (First Oak Leaf Cluster) in this case.

4.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award. 

5.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to the Vietnam Service Medal.

6.  General Orders show the applicant was awarded the Army Commendation Medal (First Oak Leaf Cluster).  Therefore, he is entitled to correction of his records to show this award.

7.  General Orders show the applicant was awarded the Bronze Star Medal.  Therefore, he is entitled to correction of his records to show this award.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 February 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 February 1974.  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.
9.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_JCR___   _JRH___  _TMR____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  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 to show award of the Purple Heart (First Oak Leaf Cluster).

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 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Army Commendation Medal (First Oak Leaf Cluster), Bronze Star Medal, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 





_Thomas M. Ray__
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.