RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  10 July 2007
	DOCKET NUMBER:  AR20070000683 


	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

Ms. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Ms. Susan A. Powers

Member

Mr. Edward E. Montgomery

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 he was wounded in action in the Republic of Vietnam and awarded the Purple Heart on 5 December 1966.  The applicant further states he would like his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) corrected to accurately reflect award of the Purple Heart.

3.  The applicant provides a copy of a Purple Heart Certificate, his DD Form 214, and a letter to the National Personnel Records Center requesting correction to his initial DD Form 214 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 19 October 1967, the date of his discharge.  The application submitted in this case is dated 4 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.  Records show that the applicant was inducted in the Army of the United States and entered active duty on 25 October 1965.  He completed basic training and advanced individual training and was awarded military occupational specialty 71A (Administrative Clerk).  Records show that he was assigned to Headquarters and Headquarters Troop, 11th Armored Cavalry Regiment, and served in the Republic of Vietnam during the period 15 November 1966 through 23 June 1967.

4.  The applicant was honorably released from active duty on 19 October 1967 and transferred to the United States Army Reserves.  

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

6.  The applicant records do not contain general orders which authorized him award of the Purple Heart.  A search of official military personnel general orders files resulted in no general orders were published announcing the award of the Purple Heart.  

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

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry for wounds sustained during hostile actions on or about 5 December 1966.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

9.  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.

10.  The applicant submitted a Purple Heart Certificate which shows he was awarded the Purple Heart for wounds received on 5 December 1966 while serving in the Republic of Vietnam.  This certificate was authenticated by the Secretary of the Army and a colonel in the position of commander.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for wounds 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 medical treatment by authorized medical personnel, and the medical treatment must have been made a matter of official record.  Approved awards of the Purple Heart require publication of permanent orders for each recipient.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

12.  Review of the applicant's records indicates entitlement to an additional award that is not shown on his DD Form 214.

13.  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 60, dated 1969.

14.  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.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase IIII 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 for wounds sustained as a result of hostile action on 5 December 1966 in the Republic of Vietnam.

2.  The applicant submitted a Purple Heart Certificate which shows he received wounds in action on 5 December 1966 while serving in the Republic of Vietnam.  This certificate was authenticated by appropriate military authorities, but it is not considered sufficient evidence to show that the applicant is entitled to award of the Purple Heart.   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. 

3. The applicant's name is not listed on the Republic of Vietnam Casualty Roster as being treated for wounds or injuries as a result of hostile action.

4.  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 award of the Purple Heart.

5.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

6.  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.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 October 1967, the date of his separation from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 October 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 in this case.

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 2 of the BOARD DETERMINIATION /RECOMMENDATION section below.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_SP____  _EM____  __KAN ___  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 error in the records of the individual should be corrected.  Therefore, the Board requests that CMSD-St. Louis administratively correct the records of the applicant to show award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and two bronze service stars to be affixed to his previously awarded Vietnam Service Medal.






__Kathleen A. Newman_
          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.