RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  
	DOCKET NUMBER:  AR20070000658 


	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. David S. Griffin

Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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, the Purple Heart awarded to him on 5 August 1970 for wounds received on 11 July 1970 in the Republic of Vietnam was not included on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 12 March 1971.

3.  The applicant provides a copy of his certificate for award of the Purple Heart and his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
12 March 1971, the date of his release from active duty.  The application submitted in this case is dated 2 January 2007.

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 military records show he was inducted on 13 March 1969 for a period of 2 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11B10 (light weapons infantryman).

4.  The applicant was assigned to the 4th Battalion, 21st Infantry Regiment, 11th Infantry Brigade, 23rd Infantry Division in the Republic of Vietnam during the period from 24 September 1969 to 6 September 1970.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entry "FW (R) ARM" (fragment wounds, right arm). The  entry is dated 11 July 1970.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

7.  On 12 March 1971, the applicant was released from active duty due to the expiration of his term of service.  He had completed two years of service that was characterized as honorable.

8.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, which he authenticated in his own hand, does not show the award of the Purple Heart. 

9.  There are no orders in the applicant's military service records awarding him the Purple Heart.

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

11.  A history of the 23rd Infantry Division (Americal Division) shows the 
11th Light Infantry Brigade became a part of the of the Americal Division on 
25 September 1967.

12.  A certificate, dated 5 August 1970, for the award of the Purple Heart, submitted by the applicant, shows the applicant was awarded the Purple Heart for wounds received in the Republic of Vietnam on 11 July 1970.  The certificate is signed by the Commanding General, Americal Division.

13.  A history of the Americal Division shows the commanding general who signed the applicant's Purple Heart Certificate took command of the Americal Division on 22 March 1970.

14.  The applicant's records show that he is entitled to additional awards, which he did not request and are not listed on his DD Form 214.

15.  Headquarters, Americal Division, Special Orders Number 342, dated 
8 December 1969, awarded the applicant the Combat Infantryman Badge.

16.  Headquarters, Americal Division, Special Orders Number 8024, dated 5  July 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period 1 February 1970 to 31 May 1970.

17.  The applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 1969); the Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 1970); the DA Sanctuary Counteroffensive Campaign (1 May 1970 - 30 June 1970); and the Vietnam Counteroffensive Phase VII Campaign (1 July 1970 - 30 June 1971).

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This pamphlet shows that at the time of the applicant’s assignment to the 4th Battalion, 21st Infantry Regiment, the unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 24 August to 31 December 1969 and from 31 March 1970 to 30 June 1970, based on Department of the Army General Order Number 42, dated 1972.

19.  Department of the Army Pamphlet 672-3 also states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

20.  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.  This regulation also provides that there is no time limitation on requests for award of the Purple Heart.

21.  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.  The regulations state that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

22.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides in pertinent part, all available records will be used as a basis for completion of the DD Form 214, including the DA Form 20 (Enlisted Qualification Record).

DISCUSSION AND CONCLUSIONS:

1.  The certificate submitted by the applicant was signed by the commanding general who was in command of the Americal Division at the time of the award.  The certificate was awarded for wounds received on 11 July 1970.  The date for which the medal was awarded is within the applicant's period of service in Vietnam.  

2.  The applicant's DA Form 20 shows that he received fragment wounds to his right arm on 11 July 1970.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without orders or a casualty report.  The DA Form 20 is a source document for completion of the DD Form 214.

3.  Therefore, there is sufficient evidence upon which to base award of the Purple Heart in this case.

4.  Orders contained in the applicant's records show he was awarded the Combat Infantryman Badge and the Army Commendation Medal.  Therefore, it is appropriate to add these awards to his DD Form 214.

5.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.  

6.  Based on the applicant's service with the 4th Battalion, 21 Infantry Regiment he is entitled to two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 12 March 1971, the date of his release from active duty.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 11 March 1974.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file in this case based on the fact there is no time limitation on requests for award of the Purple Heart.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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

2.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 with an effective date of 12 March 1971 to show award of the Purple Heart for wounds received on 11 July 1970 in the Republic of Vietnam, the Army Commendation Medal, the Combat Infantryman Badge, four bronze service stars to be worn on his Vietnam Service Medal, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




      ______________________
                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.


ABCMR Record of Proceedings (cont)                                         AR20070000658


2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508