RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  21 August 2007
	DOCKET NUMBER:  AR20070001376 


	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:


Mr. Conrad V. Meyer

Chairperson

Mr. Dale E. DeBruler

Member

Ms. Ernestine I. 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 correction of his records to show award of the Purple Heart. 

2.  The applicant states, in effect, that in June 1969 he sustained shrapnel wounds to his right hand while directing firepower towards an enemy bunker.  After the battle he was medevaced to an aid station and received medical treatment.  At that time he was young and refused to have his name put on the Purple Heart Casualty List, when he had Soldiers with more serious wounds. 

3.  The applicant provides an undated letter to the Department of Veterans Affairs describing how he was wounded in Vietnam. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant was inducted in the Army on 28 March 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman).

3.  The applicant arrived in Vietnam and was assigned to C Company, 1st Battalion (Airmobile), 5th Cavalry, 1st Cavalry Division on or about 8 April 1969.  He departed Vietnam on or about 16 January 1970 after being credited with participating in three campaigns. 

4.  On 28 January 1970, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group after completing 1 year, 10 months, and 1 day of creditable active service.


5.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 January 1970 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, the Bronze Star Medal, the Army Good Conduct Medal, the Combat Infantryman Badge, the Presidential Unit Citation (1st Oak Leaf Cluster), and the Army Commendation Medal with "V" Device.

6.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that show that he was wounded or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam Casualty Roster.  

7.  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.  

8.  The applicant's Army Medical Treatment Records are unavailable.  

9.  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.

10.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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 that, at the time of the applicant’s assignment to the 1st Battalion, 5th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 based on Headquarters, Department of the Army General Orders Number 42, dated 1972.



12.  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 orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence that shows his injury was a result of hostile action.  

2.  Regrettably, lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

3.  The applicant was assigned to a unit during a period of time it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add these awards.

4.  The applicant’s participation in three campaigns entitles him to three bronze service stars to be worn on his Vietnam Service Medal.

5.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___CVM _  __DED__  __EIF___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  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 error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.




____Conrad V. Meyer____
          CHAIRPERSON




INDEX

CASE ID
AR20070001376
SUFFIX

RECON

DATE BOARDED
21 SEPTEMBER 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.