RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 April 2007
DOCKET NUMBER: AR20060012269
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.
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 injured in a mortar attack in Phu Loy, Republic of Vietnam (RVN) in 1967.
3. The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 26 January 1968. The application submitted in this case is dated 23 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 applicants failure to timely file.
3. The applicant enlisted in the Regular Army for 3 years on 29 January 1965. He was trained in and awarded military occupational specialty (MOS) 11B, Light Weapons Infantryman. He was assigned to the RVN from 6 April 1966 to 4 April 1967 with D Troop, 1st Squadron, 4th Cavalry Regiment. He served as a long range reconnaissance patrol (LRRP) member and as a door gunner aboard a helicopter.
4. The applicant's records contain no orders awarding the Purple Heart. There are no medical records available for review. The applicant's name does not appear on the Vietnam Casualty List. His DA Form 20 (Enlisted Qualification Record) is blank in Item 40 (Wounds).
5. Army Regulation (AR) 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.
6. The applicant's DD Form 214, together with a DD Form 215 (Correction to DD Form 214) shows he was awarded the Air Medal with 4 Oak Leaf Clusters, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the RVN Campaign Medal, the Presidential Unit Citation, the Combat Infantryman Badge, the Aircraft Crewmember Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. He is also credited with award of the Presidential Unit Citation; however Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register), which lists the unit awards received by units serving in Vietnam, shows that it was actually D Troop, 3rd Squadron, 4th Cavalry Regiment which was awarded the Presidential Unit Citation. That same PAM shows D Troop, 1st Squadron, 4th Cavalry Regiment, the unit to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 16 October 1968 by Department of the Army General Order (DAGO) Number 21, dated 1969. It also shows the unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period October 1965 to 7 April 1970 by DAGO 53, dated 1970.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence the applicant was wounded in action in Vietnam. There are no orders awarding him the Purple Heart; there are no medical records to show he was ever treated for a wound. His name also does not appear on the Vietnam casualty List.
2. The applicant is entitled to awards not shown on his DD Form 214 or DD Form 215. Specifically, he is entitled to the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 January 1968. Therefore, the time for the applicant to file a request for correction of any error or injustice expired on
25 January 1971. 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
__cg____ __mjf___ __eem___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 showing he was awarded the Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.
Curtis Greenway
______________________
CHAIRPERSON
INDEX
CASE ID
AR20060012269
SUFFIX
RECON
DATE BOARDED
20070412
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
107.0000
2.
3.
4.
5.
6.
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