RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20070000711 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Eric Andersen

Chairperson

Mr. Scott Faught

Member

Ms. Ernestine 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, in effect, award of the Purple Heart and a third award of the Bronze Star Medal.

2.  The applicant states, in effect, that on 28 September 1966 his unit was engaged in a firefight with the enemy in Vietnam and he was wounded.  He contends that he was treated for his wounds in the field.  He also contends that his platoon leader was wounded, evacuated, and hospitalized during this incident and he (his platoon leader) received the Purple Heart   He further states that he did not pursue the issue of the Purple Heart earlier because in 1966 a Purple Heart award did not have the same meaning it now has for him.  He thought that Soldiers killed in action deserved the Purple Heart.  

3.  The applicant provides two eyewitness statements. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
3 December 1968.  The application submitted in this case is dated 1 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 requested correction of his records to show a third award of the Bronze Star Medal.  There are no orders or other evidence authorizing this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request a third award of the Bronze Star Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings.

4.  The applicant enlisted on 30 November 1965 for a period of 3 years.  He arrived in Vietnam on 2 July 1966.  He served as a light weapons infantryman assigned to Company B, 1st Battalion, 5th Infantry in Vietnam from 13 July 1966 through 24 June 1967.  On 3 December 1968, the applicant was released from active duty.  

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device 1960, the Combat Infantryman Badge, the Bronze Star Medal with First Oak Leaf Cluster, the Bronze Star Medal with “V” Device, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Mortar Bar as authorized awards.  
6.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

8.  In support of his claim for award of the Purple Heart, the applicant provided an eyewitness statement, dated 28 August 2006, from his platoon leader at the time in question.  He states, in pertinent part, that “As outlined in the award recommended for me, dated 10 November 1966,” the applicant was alongside of him when they were blown up by a rifle grenade or a grenade booby trap as they knelt down to check on a wounded Soldier.  He further states that he was hospitalized for approximately 1 month due to his wounds and if not for that he would have put the applicant in for award of the Purple Heart and the Bronze Star Medal with “V” Device.  The platoon leader provided a copy of his orders, dated 10 November 1966, and citation for award of the Bronze Star Medal with “V” Device for heroism on 29 September 1966.  The citation states, in pertinent part, that “Lieutenant [the platoon leader’s name] established security and moved forward alone to recover the beleaguered group.  He was taken under fire by rifle grenades.  Wounded in his arms and legs by grenade fragments, he laid down a base of fire and directed the evacuation of the dead and wounded and the assault on the enemy positions which eventually routed the concealed Viet Cong.”    

9.  The applicant also provided an eyewitness statement, dated 20 November 2006, from a fellow Soldier at the time in question.  He attests that on 
28  September 1966 during “Operation Sunset Beach” the applicant was wounded in action.   

10.  Records show the applicant participated in two campaigns during his assignment in Vietnam.
11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit  is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows that the applicant’s unit is entitled to award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 
9, dated 1979.

13.  Army Regulation 600-8-22 (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 required treatment, and the medical treatment must have been made a matter of official record.  

14.  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 and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that on 28 September 1966 his unit was engaged in a firefight with the enemy in Vietnam and he was wounded, there is no evidence in the available records that shows he was wounded as a result of hostile action in Vietnam.  In the absence of orders or any other evidence which shows the applicant was wounded or treated for wounds as a result of hostile action, the eyewitness statements provided by the applicant are not sufficient as a basis for an award of the Purple Heart.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

2.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.

4.  Evidence shows that the applicant’s records contain administrative errors which do 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 DETERMINATION/RECOMMENDATION section below.

5.  Records show the applicant should have discovered the alleged error now under consideration on 3 December 1968; therefore, the time for the applicant to file a request for correction of any error expired on 2 December 1971.  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:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

EA_____  __SF___  __EF____  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 errors 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 
to show that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal.  



__Eric Andersen______
          CHAIRPERSON




INDEX

CASE ID
AR20070000711
SUFFIX

RECON

DATE BOARDED
20070703
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0000
3.

4.

5.

6.