RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  19 June 2007
	DOCKET NUMBER:  AR20070001327 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. Barbara J. Ellis

Chairperson

Mr. Frank C. Jones II

Member

Mr. 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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the award of the Purple Heart. 

2.  The applicant states although he was wounded by enemy fire he was never awarded the Purple Heart.

3.  The applicant provides a copy of a Western Union Telegram, dated 10 April 1969 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 25 December 1970.  The application submitted in this case is dated 16 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's military service records show that he was appointed as a Reserve warrant officer in the Army of the United States on 15 July 1968.  He served in the Republic of Vietnam during the period 15 August 1968 to 11 August 1969.  Headquarters Americal Division, Special Orders Number 186, dated 5 July 1969 shows his last duty assignment as 176th Aviation Company.

4.  The applicant was released from active duty due to "Early Release of Warrant Officers" program and was transferred to the United States Army Reserve Control Group (Reinforcement) "USAAC", St. Louis, Missouri, on 25 December 1970.  He had completed 2 years, 5 months, and 20 days of active service during that period.

5.  The applicant’s DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows awards of the National Defense Service Medal, Army Aviation Badge, Vietnam Service Medal, Air Medal with 37 Oak Leaf Clusters, Vietnam Campaign Medal with 60 Device, and Bronze Star Medal.  However, it does not show the award of the Purple Heart.

6.  The applicant provided a copy of a Western Union Telegram.  This telegram informed the applicant's brother that the applicant was "slightly wounded in action in Vietnam by small arms fire on 7 April 1969."

7.  A review of the Republic of Vietnam Casualty Roster shows the applicant's name was listed among those wounded.  The applicant's entry contains the injury 
code "23" which indicates that he was slightly wounded and not hospitalized.  The roster further shows that the applicant sustained these injuries on 7 April 1969.

8.  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 by a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

9.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

11.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

12.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase V (1 July – 1 November 1968), Vietnam Counteroffensive, Phase VI (2 November 1968 – 22 February 1969), TET 
69 Counteroffensive (23 February – 8 June 1969), and Vietnam Summer-Fall 1969 (9 June – 31 October 1969).  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 requests that his DD Form 214 be corrected to show the award of the Purple Heart.

2.  The Republic of Vietnam Casualty Roster shows the applicant sustained wounds as a result of hostile action on 7 April 1969.  This is sufficient evidence to meet the criteria for award of the Purple Heart.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 7 April 1969 and correction of his records to show this award.

3.  Evidence shows the applicant is entitled to the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 11 August 1969.  Therefore, he is entitled to correction of his records to show this foreign unit award.

4.  Evidence shows that the applicant participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 25 December 1970; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
24 December 1973.  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 are no time 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 waive failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart for wounds sustained in the Republic of Vietnam on 7 April 1969, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars to be affixed to his Vietnam Service Medal.




__________Barbara J. Ellis_________
          CHAIRPERSON




INDEX

CASE ID
AR20070001327
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070619
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.