RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20060016386 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Paul Wright

Analyst

The following members, a quorum, were present:


Ms. LaVerne M. Douglas

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 he be issued the Purple Heart for injuries from a mine explosion in 1971 while working on a road.

2.  The applicant states several days after the incident he had to be evacuated when his right wrist became infected due to shrapnel from the mine explosion.  He further indicates he was in Vietnam from December 1970-1971.  Additionally, he just wishes to receive the medals he deserves.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a copy of Standard Form 600 (Chronological Record of Medical Care) undated, and a copy of his Bronze Star Medal Certificate dated 1 October 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 January 1981.  The application submitted in this case is dated 
4 October 2003.

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.  On 6 January 1961, the applicant enlisted in the Regular Army for a period of 3 years.  He served on active duty continuously until he retired on 31 January 1981.

4.  The applicant served a tour of duty in Vietnam from 6 December 1970 to 29 November 1971.  He was assigned first to Company D, 46th Engineer Battalion and later with Company B, 169th Engineer Battalion.  His military occupational specialty (MOS) was 62N40, Construction Machine Supervisor.

5.  The applicant's name does not appear on the Vietnam Casualty Listing.  There are no orders in his records awarding him the Purple Heart.  However, he 

provides a copy of SF 600 (Chronological Record of Medical Care) showing that on an unknown date, he was treated for a metal fragment wound to his right wrist.  The medical entry offers no time/date/location data, nor does it explain how the wound happened.

6.  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, 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.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

8.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant served in Vietnam during two campaigns -- Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971 and Consolidation I, which extended from 1 July through 30 November 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that he be awarded the Purple Heart.  His name does not appear on the Vietnam Casualty Listing and there are no orders in his official records awarding him this decoration.  The undated medical evidence he has submitted does not provide sufficient support that the wound was a result of hostile fire action.  Additionally, he has not given any specifics as to the date, the location, the circumstances of the wound, and no supporting statements to verify his claim.  Further he admits that he was not treated until several days after the incident.  Consequently, there is not enough compelling or collaborating evidence to support an award of the Purple Heart.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which is not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these awards.

3.  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.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 January 1981; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
30 January 1984.  However, there is no statute of limitations on requests for award of the Purple Heart; therefore, the issue will be decided on the overall merits of the case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lmd___  __eem___  __rmn___  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.  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 delete the Vietnam Service Medal from his DD Form 214 for the period ending 31 January 1981 and adding the Vietnam Service Medal with 2 bronze service stars.




							LaVerne M. Douglas
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060016386
SUFFIX

RECON

DATE BOARDED
20070612
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.