RECORD OF PROCEEDINGS


	IN THE CASE OF:	

	BOARD DATE:	  3 July 2007
	DOCKET NUMBER:  AR20070000854 


	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:


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 he received a Purple Heart for injuries sustained on 17 May 1967 in the Republic of Vietnam, but his DD 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect award of the Purple Heart.

3.  The applicant provided a copy of his DD 214 and a Chronological Record of Medical Care in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 2 October 1967, the date of his discharge from the Army of the United States.  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.  Records show that the applicant was inducted in the Army of the United States and entered active duty on 22 November 1965.  He completed basic training and advanced individual training and was awarded military occupational specialty 13F (Cannoneer). 

4.  Records show that he was assigned to Battery A, 1st Battalion, 44th Field Artillery and served in the Republic of Vietnam during the period 16 October 1966 through 27 September 1967.

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

6.  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.

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

8.  The applicant's name is shown on the Vietnam Casualty Roster for wounds sustained on 17 May 1967 in the Republic of Vietnam.

9.  The applicant's records contain a Department of the Army Message, dated 19 May 1967, which shows that the applicant was "not seriously wounded" as a result of hostile action on 17 May 1967.

10.  The applicant's military medical records indicate on 17 May 1967, he received treatment for a contusion to his right heel when a mine detonated under his military vehicle.  

11.  The applicant's records contain a Western Union Telegram, dated 20 May 1967, which informed his parents that he was slightly wounded as a result of hostile action.  The Telegram continues that the applicant received a contusion on the right leg while a passenger in military vehicle when the vehicle hit a hostile mine.  The Telegram concludes that the applicant was treated and returned to duty.

12.  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.

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

14.  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 8, dated 1974.

15.  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.

16.  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 a wound sustained as a result of hostile action on 17 May 1967.

2.  Evidence shows that the applicant sustained a contusion to his right heel as a result of a hostile mine explosion.  Evidence further shows that the applicant was treated by appropriate medical personnel for his wounds.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  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.

5.  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 2 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 1 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.




BOARD VOTE:

_ENA_____  _EF___  __SWE__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 the applicant was awarded the Purple Heart for wounds sustained in action in the Republic of Vietnam on 17 May 1967, 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.





___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.