RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 May 2007
	DOCKET NUMBER:  AR20060017451


	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 Schwartz

Acting Director

Ms. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Antonio Uribe

Member

Mr. Rodney E. 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 he sustained a head injury in the Republic of Vietnam while engaged with the enemy and receiving this award would help with his Veterans Benefits. 

3.  The applicant provides no additional documentary evidence in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 September 1971, the date of his release from active duty.  The application submitted in this case is dated 21 August 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 was inducted into the Army on 23 January 1970.  After completion of basic and advanced individual training he was awarded military occupational specialty 11B (Light Weapons Infantryman).  

4.  The applicant served in the Republic of Vietnam during the period 14 July 1970 through 14 July 1971.  

5.  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.




6.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows that the applicant was assigned to Company D, 3 Battalion, 12th Infantry of the 4th Infantry Division during the period 16 July 1970 through 2 December 1970, the 23rd Admin Replacement Detachment during the period 3 December 1970 through 12 December 1970, and Company D, 1st Battalion, 20th Infantry of the 11th Brigade during the period 13 December 1970 through 8 July 1971.

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.  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 that show he was treated for wounds sustained as a result of hostile action.

9.  There are no general orders in the applicant's records to show he was awarded the Purple Heart.

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

11.  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.

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

13.  Headquarters, 23rd Infantry Division, General Orders Number 7550, dated 3 July 1971, awarded the applicant the Air Medal for Meritorious Achievement while participating in Aerial Flights during the period 5 October 1970 through 27 May 1971.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the awards received by units serving in the Republic of Vietnam.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.


15.  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 Vietnam Counteroffensive Phase VII and the Consolidation I campaigns.

16.  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.

3.  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 any award of the Purple Heart in this case.

4.  General Orders show that the applicant was awarded the Air Medal.  Therefore, he is entitled to have his records corrected to show that he was awarded the Air Medal.

5.  General Orders awarded the applicant’s unit 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.

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

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 29 September 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 28 September 1974.  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.
8.  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

_ENA___  __AU___  _REB____  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 Air Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




_  Eric N. Anderson___
          CHAIRPERSON


INDEX

CASE ID
AR20060017451
SUFFIX

RECON
YYYYMMDD
DATE BOARDED

TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1971/09/29
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Para 5-3
BOARD DECISION
partial grant
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.