1

RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 May 2007
	DOCKET NUMBER:  AR20060017204 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry, Jr.

Chairperson

Mr. Thomas E. O'Shaughnessy, Jr.

Member

Mr. James R. Hastie

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that he was reassigned to Ban Me Thout, Vietnam, where he was injured.  He further states that he has been searching for documentation since 1972.

3.  The applicant provides a copy of his DD Form 214, a letter from the United States Services Center for Unit Records Research, Daily Staff Journals (DA Form 1594), and Morning Reports (DA Form 1). 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 17 August 1972, the date of his discharge.  The application submitted in this case is dated 27 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.  On 22 December 1969, the applicant enlisted in the Regular Army for 3 years. He completed basic combat training and was assigned to Fort Gordon, Georgia, for training as a telephone switchboard operator.  Subsequently, he was given on-the-job training and awarded a military occupational specialty 76Y1O (Supply Clerk).

4.  On 15 November 1970, the applicant was reassigned for duty as a petroleum storage specialist with the 524th Quartermaster Company, in the Republic of Vietnam.  



5.  On 24 March 1971, the applicant was medically evacuated from the Republic of Vietnam.  He was sent to the United States Army Hospital, Osaka, Japan and then on to the United States Army Valley Forge General Hospital, Valley Forge, Pennsylvania.  There is no available evidence regarding the cause or nature of his injuries. 

6.  On 2 July 1971, the applicant was reassigned for duty as a supply clerk at Aberdeen Proving Grounds, Maryland. 

7.  On 17 August 1972, the applicant was honorably discharged.  He had completed 2 years, 8 months and 5 days of creditable active duty.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the National Defense Service Medal, Vietnam Service Medal, and the Vietnam Campaign Medal with “1960” Device.  It does not show award of the Purple Heart, Combat Infantryman Badge, or any marksmanship qualification badges.

9.  There are no general orders in the applicant's records awarding him the Purple Heart.  The applicant's name does not appear on the Republic of Vietnam Casualty Roster.

10.  Army Regulation 600-8-22 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.  

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era, the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.



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

13.  Item 29 (Qualification in Arms) of the applicant's Enlisted Qualification Record (DA Form 20), shows that he qualified as a marksman with the M-14 rifle, and as a sharpshooter with the M16 rifle.  

14.  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 one campaign period, the Vietnam Counteroffensive, Phase VII.

15.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence of record shows that he was medically evacuated from the Republic of Vietnam, but it does not indicate that he sustained his injury as a result of hostile action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  The evidence of records shows that the applicant was not an infantryman.  It also shows that he was assigned to a quartermaster company and not to an infantry unit of brigade, regimental or smaller size.  Therefore, the applicant's request for award of the Combat Infantryman Badge should not be granted.

3.  Records show the applicant qualified as a marksman with the M-14 rifle, and as a sharpshooter with the M-16 rifle.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Records show that the applicant participated in one campaign period during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one bronze service star to be affixed to his Vietnam Service Medal.

5.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   
6.  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.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 August 1972; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
16 August 1975.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JRH __  ___HOF _  __TEO __  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 by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include one bronze service star to be affixed to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Marksman Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.





___Hubert O. Fry, Jr.__
          CHAIRPERSON




INDEX

CASE ID
AR20060017204
SUFFIX

RECON
 
DATE BOARDED
20070522 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015.0000
2.
107.111.0000
3.

4.

5.

6.