RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060017119 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Eric Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney 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 award of the Purple Heart.

2.  The applicant states, in effect, that his military records do not show the injury which occurred in Vietnam.  He contends that while serving as a dozer and scraper operator in 1968/1969, his dozer went over a trip grenade or small mine which exploded.  He states the dozer contained the impact and was not damaged.  However, he found a small drop of blood on the left side of his chest.  He states that he wiped it away and kept on working.  Some years later, he developed a lump in that same location on his chest and lab reports indicated that it was a small piece of steel.  He states he told his doctor that he knew exactly where it came from, remembering the incident in Vietnam and the trickle of blood.      

3.  The applicant provides 1986 medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 18 September 1970.  The application submitted in this case is dated 
28 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.  The applicant enlisted on 19 September 1967 for a period of 3 years.  He arrived in Vietnam on 24 February 1968.  He served as a tractor operator assigned to Company D, 92nd Engineer Battalion in Vietnam from 27 February 1968 through 15 September 1969.  On 18 September 1970, the applicant was released from active duty.  

4.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with Device 1960 as authorized awards.  

5.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

7.  In support of his claim, the applicant provided 1986 medical records which show he had a small grayish-white metal [fragments] removed from his left breast area.  However, there is no evidence that this metal [fragments] was the result of hostile action in Vietnam. 

8.  Records show the applicant participated in six campaigns during his assignment in Vietnam.

9.  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 the applicant's unit is entitled to the Meritorious Unit Commendation for actions during the period 1 July 1969 to June 1970 based on Department of the Army General Orders Number 51, dated 1971.

10.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 43, dated 1970.

11.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

12.  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.



13.  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.  This regulation provides that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records which show the applicant was wounded or injured as a result of hostile action in Vietnam.  In the absence of orders or other evidence of record showing that the applicant was injured or treated for any wounds as a result of hostile action in Vietnam, the 1986 medical records provided by the applicant are not sufficient as a basis for an award of the Purple Heart.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.
   
2.  The applicant participated in six campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with one silver service star and one bronze service star.

3.  The applicant’s unit was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  

5.  Evidence shows that the applicant’s records contain administrative errors which do 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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error now under consideration on 18 September 1970; therefore, the time for the applicant to file a request for correction of any error expired on 17 September 1973.  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.  




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

EA_____  ___AU___  __RB___  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 errors 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 add the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one silver service star with one bronze service star for wear on his already-awarded Vietnam Service Medal on his DD Form 214.



__Eric Andersen_______
          CHAIRPERSON




INDEX

CASE ID
AR20060017119
SUFFIX

RECON

DATE BOARDED
20070517
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.