RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060012663 


	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. Carl W. S. Chun

Director

Mrs. Victoria A. Donaldson

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Edward E. Montgomery

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 award of the Purple Heart.

2.  The applicant states that, on 28 August 1968, he was hit by shrapnel when the enemy fired a rocket-propelled grenade.  The applicant contends that he was awarded the Purple Heart but it was never annotated on his separation document.

3.  The applicant provides a copy if 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 16 May 1970, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 17 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's records show that he inducted into the Army of the United States on 16 May 1968.  He completed basic training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

4.  The applicant served a tour of duty in the Republic of Vietnam during the period 24 October 1968 through 21 September 1969.  

5.  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 National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Combat Infantryman Badge, Air Medal, Army Commendation Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and the Bronze Star Medal.  Item 24 does not show award of the Purple Heart.
6.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  There are no general orders in the applicant's records to show he was awarded the Purple Heart.

7.  Review of the Vietnam Casualty Roster shows the applicant was listed as “hostile wounded in action, not serious, hospitalized” on 28 August 1969.

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "FRAG wound to Left Army (sic) + Both Legs" [Fragment wound to left Arm plus both legs].

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 are no time limitations for requests for award of the Purple Heart.

10.  Review of the applicant's records indicates entitlement to an additional award and decoration that are not shown on any of his DD Forms 214.

11.  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.

12.  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.

13.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, and the Tet Counteroffensive 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show that he sustained fragment wounds to his left arm and both legs on 28 August 1969.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show this award.
2.  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. 

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

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 May 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 15 May 1973.  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.

BOARD VOTE:

_JEA___  _JLP___  _EEM_____  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 showing award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to the previously awarded Vietnam Service Medal.




______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060012663
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.