RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20070000353 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Scott W. Faught

Member

Ms. Ernestine L. Fields

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 that he was wounded in combat while serving in the Republic of Vietnam on 28 May 1966.  The applicant further states that he still has a scar on his chest wall as a result of that injury.

3.  The applicant provides a one-page continuation sheet and a certified copy of his DA Form 20 (Enlisted Qualification Record) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which occurred on 1 December 1967, the date of his transfer to the United States Army Reserve. The application submitted in this case is dated 23 December 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's records show that he was inducted into the Army of the United States on 2 December 1965.  He completed combat basic training and was awarded military occupational specialty (MOS) 11B (Infantryman).  Records also show that the applicant served in the Republic of Vietnam during the period 8 May 1966 to 29 August 1966.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows the entry of "frags [fragment] Chest" sustained on 28 May 1966.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

6.  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.

7.  The applicant records do not contain general orders which authorized him award of the Purple Heart.

8.  The applicant's name is not shown on the Vietnam Casualty Roster.

9.  The applicant's records show that he was awarded the Combat Infantryman Badge (CIB) on 12 July 1966.
 
10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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.

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 70, dated 1969, and amended Department of the Army general Orders Number 59 dated 1969.

13.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive and the Vietnam Counteroffensive Phase II campaigns during his tour of duty in the Republic of 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 because of a fragmentation chest wound sustained as a result of combat in the Republic of Vietnam.  

2.  Although the applicant's name is not listed on the Vietnam Casualty Roster, his DA Form 20 shows that he sustained fragmentation wounds to the chest on 28 May 1966.  Additionally, the applicant's records show that he was awarded the CIB on 12 July 1966.  Therefore, any reasonable doubt should be resolved in the applicant's favor and his records should be corrected to show he is entitled to award of the Purple Heart and correction of his records to show this award. 

3.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award. 

4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 1 December 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 November 1970.  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:

_ENA_____  _EF___  __SWE__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart for wounds sustained in the Republic of Vietnam on 28 May 1966.

2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by adding the Purple Heart, 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 to his DD Form 214.





___Eric N. Andersen____
          CHAIRPERSON




INDEX

CASE ID
AR
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.