RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 June 2007
	DOCKET NUMBER:  AR20070000995 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Frank C. Jones

Member

Ms. Qawiy A. Sabree

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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 2 July 1968 to show award of the Purple Heart. 

2.  The applicant states, in effect, that he was medically retired due to his injury and that his DD Form 214 does not show he received award of the Purple Heart. He further states that he submitted a copy of his award of the Purple Heart; however, the document is not available.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 
2 July 1968.  The application submitted in this case is dated 8 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 was inducted into the Army on 4 May 1966 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to A Company, 1st Battalion, 5th Infantry on or about 22 November 1966.   

5.  The applicant's records contain a Western Union telefax, dated 31 December 1966, that was addressed to his parents informing them that their son had been slightly wounded on 30 December 1966 as a result of hostile action.  He sustained metal fragment wounds to his neck, abdomen, and left hand.  He was admitted to the 7th Surgical Hospital in Vietnam for treatment.  

6.  The applicant departed Vietnam in January 1967 after being credited with participating in one campaign.  



7.  On 2 July 1968, the applicant was retired for permanent disability.

8.  The applicant's DD Form 214 shows he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, and the "Vietnam Commendation Medal" (i.e. the Vietnam Campaign Medal).

9.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  

10.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart.  

11.  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 statute of limitations on requests for award of the Purple Heart.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the 1st Battalion, 5th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 based on Headquarters, Department of the Army General Orders Number 48, dated 1971.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 5th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 through 21 January 1970 based on Headquarters, Department of the Army General Orders Number 51, dated 1971.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for 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.  There are no general orders awarding the applicant the Purple Heart.  However, the Western Union telefax informing his parents that he was wounded in combat by hostile forces on 30 December 1966 and that he was being treated for his wounds.  The evidence shows that the applicant is entitled to award of the Purple Heart for wounds sustained during hostile action.

2.  The applicant was assigned to a unit during a period of time this unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in one campaign makes him eligible to wear one bronze service star to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

3.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 July 1968.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
1 July 1971.  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 statute of limitations on requests for award of the Purple Heart.

BOARD VOTE:

__BJE __  __FCJ___  __QAS__  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:

	a.  by awarding him the Purple Heart for wounds sustained on 
30 December 1966; and 

	b.  by amending his DD Form 214 to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one bronze service star to be worn on his already-awarded Vietnam Service Medal.  




__ Ms. Barbara J. Ellis __
          CHAIRPERSON




INDEX

CASE ID
AR20070000995
SUFFIX

RECON

DATE BOARDED
19 JUNE 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.