RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 June 2007
	DOCKET NUMBER:  AR20070000961 


	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. John T. Meixell

Chairperson

Mr. William F. Crain

Member

Mr. Dean A. Camarella

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 sustained wounds while in combat during his service in the Republic of Vietnam. 

3.  The applicant provided a copy of his DD 214 and page 4 from his DA Form 20 (Enlisted Qualification Record) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 11 July 1969, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 10 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 12 July 1967.  He completed basic training and advanced individual training and was awarded military occupational specialty 11C (Infantryman Gunner).  Records show that he was assigned to Company A, 2nd Battalion, 27th Infantry and served in the Republic of Vietnam during the period 16 December 1967 through 14 December 1968.  The applicant was honorably released from active duty on 11 July 1969 and transferred to the United States Army Reserves.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.  



5.  Records show the applicant was awarded the Combat Infantryman Badge on 16 January 1969 and the Bronze Star Medal with Valor on 12 September 1968 for heroic actions during an enemy attack in the Republic of Vietnam on 20 August 1968.

6.  Headquarters, 25th Infantry Division General Orders Number 6358, dated 12 September 1968, shows that the applicant was awarded the Bronze Star Medal with Valor.  These orders contain the following narrative: "While established in their night location along a suspected enemy infiltration route, [applicant's name removed] unit came under an intense enemy attack.  During the ensuing battle [applicant's name removed] continuously exposed himself to a heavy volume of fire as he threw hand grenades and placed effective fire on the charging hostile forces.  On one occasion [applicant's name removed] with complete disregard for his own safety left the, relative safety of his bunker to treat and evacuate a fallen comrade to safety."

7.  Item 40 (Wounds) of the applicant's DA Form 20 shows an entry for shrapnel wounds to left arm received on 30 November 1968.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

8.  There are no military medical records available for the review with this case.

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

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

11.  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.

12.  Review of the applicant's records indicates entitlement to additional awards and decorations that are 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 8, dated 1974.  He also is entitled to award of the Republic of Vietnam Civil Actions Honor Medal based on Department of the Army General Orders Number 21 dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart because of injuries sustained while serving in the Republic of Vietnam.

2.  Although, there are no general orders that show the applicant was awarded the Purple Heart and the applicant's name is not listed on the Vietnam Casualty Roster, the applicant's DA Form 20 clearly shows that he sustained shrapnel wounds to his left arm on 13 November 1968.

3.  Additionally, the applicant's records show that he was awarded the Bronze Star Medal with "V" Device for valorous actions and the Combat Infantryman Badge during his service in the Republic of Vietnam.  The General Orders narrative clearly shows the applicant was directly involved in ground combat operations with hostile forces.

4.  Based on the foregoing, the evidence provided is sufficient to support the applicant's entitlement to award of the Purple Heart in this case.  As a result, the applicant is entitled to correction of his records to show award of the Purple Heart for wounds sustained in action on 13 November 1968 while in the Republic of Vietnam.

5.  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.

6.  Records show the applicant was awarded the Republic of Vietnam Civil Actions Honor Medal which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 July 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 10 July 1972.  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:

_JTM___  _WFC__  __DAC____  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 13 November 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal.




_John T. Meixell__
          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.