RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 May 2007
	DOCKET NUMBER:  AR20060016992 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Ms. Yolanda Maldonado

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Gerald J. Purcell

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, in effect, he sustained wounds in action against "Communist Forces" in South Vietnam on 26 December 1967.  The applicant states he was serving with Howitzer Battery, 2nd Squadron of the 11th Armored Cavalry Regiment.

3.  The applicant provides a copy of DD Form 1380 (U.S. Field Medical Card), dated 26 December 1967 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 September 1968, the date of his release from active duty and transfer to the United States Army Reserve.  The application submitted in this case is dated 22 November 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.  Records show that the applicant was inducted in the Army of the United States on 14 September 1966.  He completed basic training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).  

4.  Records show that he was assigned to Howitzer Battery, 2nd Squadron of the 11th Armored Cavalry Regiment.  Records further show that the applicant served in the Republic of Vietnam during the period 23 February 1967 through 12 February 1968.

5.  The applicant was honorably released from active duty on 13 September 1968 and transferred to the USAR Control Group (Annual Training). 



6.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

8.  The applicant provides a copy of DD Form 1380 (U.S. Field Medical Card), dated 26 December 1967.  The form shows that the applicant was diagnosed and treated for a crush injury to his right little finger.  The form also shows that the injury was sustained in the line of duty and that the nature of casualty or illness was not due to enemy action.  

9.  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 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.  The applicant's name does not appear on the Vietnam Casualty Roster. 

10.  Army Regulation 672-5-1 (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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.

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

12.  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 Howitzer Battery, 2nd Squadron of the 11th Armored Cavalry Regiment in the Republic of Vietnam the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 60, dated 1969.

13.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Valorous Unit Award for actions during the period 31 January 1968 through 5 February 1968, based on Department of the Army General Orders Number 43, dated 1972.
14.  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.  His records indicate he participated in the Counteroffensive Phase III and the Tet Counteroffensive.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in two campaigns 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 contends that he is entitled to award of the Purple Heart due to injuries sustained by enemy fire.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam Casualty Roster.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  General Orders awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

4.  General Orders awarded the applicant the Valorous Unit Award.  Therefore, the applicant is entitled to have his records corrected to show this award.

5.  Records show that the applicant participated in the two campaigns during his service in the Republic of Vietnam.  Therefore he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 13 September 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 September 1971.  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.

7.  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

__LD____  _YM_______  _GJP   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  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 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 to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal. 




_ Yolanda Maldonado_
          CHAIRPERSON




INDEX

CASE ID
AR20060016992
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.