RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060015076 


	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. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. Barber

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, award of the Purple Heart.

2.  The applicant states, in effect, that on or about 20 May 1972, while stationed at Marble Mountain Army Airfield in Da Nang, Vietnam, he was wounded during a mortar attack.  The applicant also states, in effect, that he received a wound that was a small cut on his right wrist, which later developed serious complications.
He further states, in effect, that his wrist was operated on and a core containing a foreign object was removed.  He concludes by stating, in effect, the Department of Veterans Affairs (VA) awarded him 10 percent disability for the combination of bilateral tinnitus and a shrapnel fragment wound (SFW) to his right wrist.

3.  The applicant provides copies of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 27 May 1971; DD Form 214 (Report of Separation from Active Duty), with an effective date of 24 May 1974; 3 Standard Forms (SF) 600 (Chronological Records of Medical Care) for the period 18 May 1972 to 29 June 1972; and a SF 513 (Consultation Sheet), dated 29 June 1972.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 24 May 1974, the date of his discharge from the Army.  The application submitted in this case is dated 15 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 military service records show that he enlisted in the Regular Army (RA) for a period of 3 years on 3 January 1968.  Upon completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty (MOS) 36C (Lineman).  


4.  The applicant's military service records show that he served in Vietnam and was assigned to the 504th Signal Company (Air Assault) from 3 April 1970 through 16 March 1971.

5.  The applicant's military service records contain a DD Form 214, with an effective date of 27 May 1971, which shows he was honorably discharged for the purpose of his immediate reenlistment in the RA.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows that he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, and Vietnam Service Medal.

6.  The applicant's military service records show that he reenlisted in the RA on 28 May 1971.  On 12 August 1971, the applicant was promoted to the rank of specialist five/pay grade E-5 and awarded secondary MOS 36E (Cable Splicer).

7.  The applicant's military service records show that he was assigned to Headquarters and Headquarters Company, 11th Combat Aviation Group (CAG),
11th Aviation Brigade in Vietnam from 18 September 1971 through 7 September 1972.

8.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign Service), shows that he served in the Republic of Vietnam from 28 March 1970 through 14 March 1971 and from 13 September 1971 through 13 September 1972.  Item 39 (Campaigns) of this document shows that he participated in the Department of the Army (DA) Sanctuary Counteroffensive, Vietnam Counteroffensive Phase VII, and Vietnam Winter-Spring 1970 campaigns.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he was awarded the Good Conduct Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal with "1960" Device, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, Marksman Marksmanship Qualification Badge with Rifle Bar, 4 Overseas Service Bars, and 1 Service Stripe.

10.  The applicant's DD Form 214, with an effective date of 24 May 1974, shows in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) that he was awarded the Good Conduct Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal with 3 bronze service stars, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  This document also shows that at the time of his honorable discharge from the U.S. Army on 24 May 1974 the applicant completed 6 years, 4 months, and 22 days total active service.

11.  There are no orders in the applicant’s military service records which show that he was awarded the Purple Heart.  There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His
DA Form 20 does not show an entry in Item 40 (Wounds) or list the Purple Heart in Item 41 (Awards and Decorations).  The applicant's name is not listed on The Adjutant General, Casualty Division's, Vietnam Casualty Roster.

12.  In support of his application, the applicant provides copies of his 2 DD Forms 214 which show, in pertinent part, that he was awarded Good Conduct Medal, National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal with 3 bronze service stars, Expert Marksmanship Qualification Badge with Automatic Rifle Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar.  The applicant also provides 3 SF 600 covering the period 18 May 1972 through 29 June 1972.  These documents show, in pertinent part, that the applicant was treated for a problem with his right hand on 24 May 1972 and that he "[h]ad a small scratch on medial aspect of R [right] wrist which has scaled over.  Now c/o [complains of] pain radiating up R [right] arm."  The SF 600 also shows, in pertinent part, that on 24 May 1972, Doctor S_____ serving at the 11th CAG Dispensary documented that he,…"cut the sore open.  There was little draining, but there was a hard core in it, which I took out.  Pt [Patient] had a lot of pain."  The SF 600 also shows that on 23 June 1972 the 11th CAG Dispensary reported that the applicant reported a problem with his right wrist.  This document further shows, in pertinent part, that "[s]ubject-pt [patient] had an infection in wrist since 24 May 72.  Treated for that."  The SF 513 shows, in pertinent part, that the applicant was treated for a recurrent abscess of his right wrist, that x-rays were negative, and the area was cleaned.

13.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the following 6 campaigns:  Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, Vietnam Counteroffensive Phase VII, Consolidation I, Consolidation II, and Vietnam Ceasefire campaigns.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Headquarters and Headquarters Company, 11th Combat Aviation Group,
11th Aviation Brigade (Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 6 (1974).

16.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an 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.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of the regulation.  This Army regulation also provides that a silver service star is authorized in lieu of 5 bronze service stars.  This Army regulation further provides that authorized service stars will be worn on the appropriate service medal, which includes the Vietnam Service Medal.

19.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

20.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For Vietnam service, 1 Overseas Service Bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Purple Heart because he received a wound to his right wrist on 20 May 1972 during a mortar attack while serving in Vietnam.  The applicant also contends, in effect, the VA awarded him 10 percent service-connected disability for the combination of bilateral tinnitus and a shrapnel fragment wound to his right wrist.

2.  The evidence of record shows that the applicant first received medical treatment for a small scratch on his right wrist on 24 May 1972.  There is no evidence that shows the injury was sustained as a result of hostile action on
20 May 1972.

3.  There is no evidence the applicant was awarded the Purple Heart.  There is no medical evidence of record which shows that the applicant was wounded while in action against an enemy or was treated for wounds as a result of hostile action.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart in this case.

4.  Records show that the applicant participated in 6 campaigns in Vietnam.  Therefore, he is entitled to correction of his records to show award of 1 silver service star and 1 bronze service star to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

6.  Records show that the applicant served a total of 24 months in Vietnam.  Therefore, he is entitled to correction of his records to show award of 4 Overseas Service Bars.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 24 May 1974; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
23 May 1977.  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.

8.  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

___ENA__  ___AU __  ___REB_  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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award off the Vietnam Service Medal with 1 silver service star and 1 bronze service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
4 Overseas Service Bars.




__  __Eric N. Andersen_____
          CHAIRPERSON




INDEX

CASE ID
AR20060015076
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/05/17
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19740524
DISCHARGE AUTHORITY
AR 635-200, Paragraph 2-18
DISCHARGE REASON
Discharged
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.