RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 April 2007
	DOCKET NUMBER:  AR20060015028 


	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

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway 

Chairperson

Mr. Michael J. Flynn

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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart.   

2.  The applicant states, in effect, that he believed that an error was made by excluding the Purple Heart from his DD Form 214 and military records.  He adds that he should be awarded the Purple Heart with a certificate for shrapnel wounds he received at the joint of his big thumb and forehead during an ambush on 1 April 1970, on his way to An Khe, Vietnam.

3.  The applicant provides a copy of his DD Form 214; a copy of a PTSD (Post Traumatic Stress Disorder) Assessment, from the Chinle Veterans Center; and a copy of his DA Form 20 (Enlisted Qualification Record), in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 December 1970, the date of his release from active duty.  The application submitted in this case is dated 12 October 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 record shows he enlisted in the Regular Army on 21 May 1969.  The applicant successfully completed basic combat training at Fort Ord, California, and advanced individual training at Fort Gordon, Georgia.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 36C, Lineman.

4.  The applicant was promoted to pay grade E-4 on 20 April 1970.  He served in Vietnam from 16 January 1970 to 28 December 1970.  He served until he was released from active duty on 29 December 1970, in the pay grade of E-2.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training). 
5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14); and the Expert Marksmanship Qualification Badge, with Rifle Bar, (M-16).  His DD Form 214 does not show any additional awards.

6.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations). 

7.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

8.  The applicant's medical records are unavailable for review.

9.  The applicant provided a copy of a PTSD assessment, from the Chinle Veterans Center, in Chinle, Arizona, that was prepared based on the applicant’s military service and the events that he described occurred during his service in Vietnam.  The assessment consisted of several sections such as:  his presenting problem; his brief war zone history; mental status evaluation; health history; substance use history; pre-military & developmental history; military history, and post-military history.  He was diagnosed as having PTSD.  The applicant indicated that on 1 April 1970, his convoy was ambushed on the way to An Khe, Vietnam, and he received shrapnel in his right thumb and forehead and was seen by a 5th Special Forces Medic.

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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show three bronze service stars to which the applicant is entitled for his campaign participation.

12.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Meritorious Unit Commendation, by Department of the 
Army General Orders (DAGO) Number 24, dated 1972, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214. 

13.  DA Pamphlet 672-3 shows that the applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20 July 1965 through 28 March 1973, by Department of the Army General Orders Number 8, dated 1974.  This unit award is also not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound that he may have received as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve award of the Purple Heart.

2.  The applicant alleges that an error was made by excluding the Purple Heart from his DD Form 214 and military records.  There is no evidence, and the applicant has provided none, to support his allegation.

3.  The assessment provided by the applicant indicated that he was diagnosed with PTSD after his release from active duty.  It also indicated that on 1 April 1970, his convoy was ambushed on the way to An Khe, Vietnam, and he received shrapnel in his right thumb and forehead and was seen by a 5th Special Forces medic.  However, there is no evidence, and he has provided no evidence, to show that he received shrapnel to his right thumb and forehead and was seen by a 5th Special Forces medic on 1 April 1970.  Therefore, he is not entitled to correction of his records to show the award of the Purple Heart.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in three campaigns and he is therefore, entitled to three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  Therefore, he is entitled to correction of his records to show these unit awards.





6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 December 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 December 1973.  Although the applicant did not file within the ABCMR's 3-year 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:

________  ________  ________  GRANT FULL RELIEF 

___EM__  __CLG __  __MJF __  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 that he was awarded the Vietnam Service Medal, with three bronze service stars; the Meritorious Unit Commendation; and the Republic of Vietnam Gallantry Cross, with Palm, 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 L. Greenway ___
          CHAIRPERSON




INDEX

CASE ID
AR20060015028
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070412
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19701229
DISCHARGE AUTHORITY
AR 635-200, chapter 5
DISCHARGE REASON

BOARD DECISION
DENY//GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.