RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070001674 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Rose M. Lys

Member

Mr. James R. Hastie

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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded the Purple Heart. 

2.  The applicant states, in effect, that he was wounded and deserved a Purple Heart and is requesting that this action be rectified.  He states that the APC (Armored Personnel Carrier) he was in struck a land mine, he was injured and dusted off, but he never received the Purple Heart. 

3.  The applicant provides a copy of his DD Form 214 and a copy of Standard Form (SF) 600 (Chronological Record of Medical Care) in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 13 July 1967, the date of his release from active duty.  The application submitted in this case is dated 27 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 record shows he was inducted into the Army of the United States on 1 October 1965.  The applicant successfully completed basic combat training and advanced individual training at Fort Devens, Massachusetts.  On completion of his OSUT (one station unit training), he was awarded the military occupational specialty (MOS), 11B, Light Weapons Infantryman. 

4.  The applicant was promoted to pay grade E-5 on 26 March 1967.  He served in Vietnam from 16 July 1966 to 13 July 1967.  He served until he was released from active duty on 13 July 1967, in the pay grade of E-5.  He was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training). 



5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Good Conduct Medal, 1st Award; the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14); the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar; and the Marksman Marksmanship Qualification Badge, with Pistol Bar (Pistol Caliber, 45).  His DD Form 214 does not show any additional awards.

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

7.  Item 40, of his DA Form 20 (Enlisted Qualification Record), shows the entry "Contusion (L [left]) side of chest 1Mar67."  Item 41 (Awards and Decorations) does not show the Purple Heart. 

8.  Item 29 (Qualification in Arms), of the applicant's DA Form 20, shows he qualified marksman with the .45 Caliber Pistol on 13 January 1966.

9.  The applicant's name does appear on the Vietnam Casualty List for a wound received as a result of hostile action on 1 March 1967

10.  The applicant provided a copy of his SF 600 which shows that he received blunt trauma to his chest with muscle contusion on 1 Mar 1967.  Other entries on SF 600s confirm the APC he was in hit a mine.

11.  The applicant's records contain a copy of Headquarters, 196th Light Infantry Brigade Special Orders Number 224, dated 3 October 1966, which shows that he was awarded the Combat Infantryman Badge.  This award is not shown on his DD Form 214.

12.  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. 

13.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation
in each campaign.
14.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders (DAGO) Number 48, dated 1971; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by DAGO 51, dated 1971, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant received a contusion on the left side of his chest as a result of enemy action on 1 March 1967 while serving in Vietnam.  Therefore, he is entitled to award of the Purple Heart and to have it shown on his DD Form 214.

2.  The evidence shows the applicant was awarded the Combat Infantryman Badge.  This award is not shown on his DD Form 214.  He is entitled to have the already-awarded Combat Infantryman Badge added to his DD Form 214.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns and he is therefore, entitled to be awarded two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, while he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on13 July 1967; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 July 1970.  Although the applicant did not file within the ABCMR's 3-year 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:

__JRH___  __JI____  __RML__  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 the applicant the Purple Heart and adding this award to his DD Form 214; 

	b.  by adding the already-awarded Combat Infantryman Badge to his DD Form 214; and

	c.  awarding the applicant the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and adding these awards to his DD Form 214.




_____John Infante________
          CHAIRPERSON




INDEX

CASE ID
AR20070001674
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070724
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19670713
DISCHARGE AUTHORITY
AR 635-200, chapter 5
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.