RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  31 May 2007
	DOCKET NUMBER:  AR20060015649 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Donald L. Lewy

Member

Mr. Roland S. Venable

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 the award of the Purple Heart.

2.  The applicant states, in effect, he would like to be awarded the Purple Heart, because he thinks he is entitled to it.  He states, in effect, that after he and two other Soldiers left the enlisted club during an alert, the base camp was hit by a rocket.  One Soldier broke his leg, another Soldier broke his arm, and he broke his big toe.  

3.  He states those two Soldiers received a Purple Heart, but he did not receive anything.  He never said anything until now, because he did not think it made a difference but he was wrong.

4.  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 injustice which occurred on 10 August 1969.  The application submitted in this case is dated 21 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 records show that he entered active duty on 15 December 1967.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 05C1O (Radio Teletype Operator).

4.  He served a tour of duty with Headquarters and Headquarters Company,  
303rd Radio Research Battalion in the Republic of Vietnam during the period  
17 August 1968 through 19 October 1968.  Then he was reassigned to the 372nd Radio Research Company, where he served during the period 20 October  
1968 through 6 August 1969.
5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 show the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal, Bronze Star Medal, and 2 Overseas Bars.  However, it does not show the Purple Heart.

6.  Item 40 (Wounds) of the applicant's DA Form 20 does not contain any entry.

7.  There are no general orders in the available records which show the applicant was awarded the Purple Heart.

8.  There are no medical records in the applicant's official military personnel file to show he sustained a broken big toe as a result of enemy fire from an incoming rocket or to show he was treated for such a wound.

9.  A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed among those wounded.

10.  Army Regulation 600-8-22 (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 required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart 

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

12.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968); Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969);  
TET 69 Counteroffensive, (23 February 1969 to 8 June 1969); and Vietnam Summer-Fall 1969, (9 June 1969 to 31 October 1969).  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 contends that he is entitled to award of the Purple Heart.

2.  There is no evidence in his available records which shows he was wounded or received an injury to his big toe as a result of hostile action or friendly fire in the heat of battle.  His name does not appear on the Republic of Vietnam Casualty Files.  Therefore, he is not entitled to the award of the Purple Heart.

3.  The applicant was assigned to Vietnam during four campaigns.  Therefore, he is entitled to correction of his records to show four bronze service stars to be affixed on his Vietnam Service Medal.

4.  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.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 August 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
9 August 1972.  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 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___rsv___  ___dll___  ___rsv___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case based on the Purple Heart.

2.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as basis for correction of the records of the individual concerned to show award of the Purple Heart.

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 by showing award of four bronze service stars to be affixed to the Vietnam Service Medal.




__________William F. Crain_________
          CHAIRPERSON




INDEX

CASE ID
AR20060015649
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070531
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.