RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 July 2007
	DOCKET NUMBER:  AR20070001733 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. David K. Haasenritter

Member

Ms. LaVerne M. Douglas

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, in effect, that his record shows he was wounded in a war zone and therefore, he is entitled to award of the Purple Heart.  

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a self-authored letter in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 April 1971, the date of his release from active duty.  The application submitted in this case is dated 20 November 2006.

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 service records are incomplete; however, his records show that he was inducted in the Army of the United States on 24 September 1969.  He completed basic training and advanced individual training and was awarded the military occupational specialty (MOS) 11B2O (Light Weapons Infantryman).  The applicant was honorably released from active duty on 10 April 1971 and transferred to the United States Army Reserve Control Group (Annual Training).

4.  The applicant's record shows he served in the Republic of Vietnam while assigned to Company A, 2nd Battalion of the 12th Cavalry, 1st Cavalry Division during the period 23 April 1970 through 3 April 1970; Company C, 2nd Battalion of the 12th Cavalry, 1st Cavalry Division during the period 4 April 1970 through 10 February 1971; and Headquarters and Headquarters Company, 2nd Battalion of the 12th Cavalry, 1st Cavalry Division during the period 11 February 1971 through 27 April 1971.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

6.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

7.  There are no general orders in the applicant's records to show he was awarded the Purple Heart.

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

9.  The applicant provides a self-authored letter in which he states he has provided a copy of a court order changing his name.  The applicant continues that he is not " begging" for the Purple Heart but deserves it as well as monetary compensation.  The applicant continues that he served in the Army from 1969 through 1971, and during that time period was sent to the Republic of Vietnam.  The applicant states that while stationed in the Republic of Vietnam, he was wounded which should be reflected in his medical records. 

10.  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 been treated by a medical officer, and the medical treatment must have been made a matter of official records.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

11.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Headquarters, 2nd Battalion (Airmobile) of the 12th Cavalry General Orders Number 5238, dated 11 March 1971, awarded the applicant the Army Commendation Medal in connection with military operations against an armed hostile force in Vietnam during the period of action from 28 February 1971 through 25 March 1971.  




13.  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 2nd Battalion of the 12th Cavalry, 1st Cavalry Division in the Republic of Vietnam the unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters Department of the Army General Orders Number 42, dated 1972.

14.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Valorous Unit Award for actions during the period 1 May 1970 through 29 June 1970, based on Department of the Army General Orders Number 43, dated 1972.

15.  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.  His records indicate he participated in the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive VII.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in three campaigns during his tour of duty in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

17.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in 
item 9 (Awards, Decorations and Campaigns) that he was authorized award of the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle and the Grenade Bar which are not shown on his DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam Casualty Roster.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  General Orders awarded the applicant the Army Commendation Medal (First Oak Leaf Cluster).  Therefore, he is entitled to correction of his records to show this award.

4.  General Orders awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

5.  General Orders awarded the applicant the Valorous Unit Award.  Therefore, the applicant is entitled to have his records corrected to show this unit award.

6.  Records show that the applicant participated in the three campaigns during his service in Vietnam.  Therefore he is eligible for award of three bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

7.  The applicant's personnel records show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the 
M-14 Rifle, and the Grenade Bar which is not shown on his DD Form 214.  Therefore, the applicant is entitled to have his DD Form 214 corrected to show these badges.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 April 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 9 April 1974.  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.

9.  Evidence shows that the applicant’s records contain administrative error which does 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 3 of the Board Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LMD__  _DKH___  _JS_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waive failure to timely file in this case.

2.  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 to show award of the Purple Heart on his DD Form 214.  

3.  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 Army Commendation Medal (First Oak Leaf Cluster); the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Valorous Unit Award; three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle and the Grenade Bar.




_John N. Slone__
          CHAIRPERSON





INDEX

CASE ID
AR20070001733
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1971/04/10
DISCHARGE AUTHORITY
AR 635-200 
DISCHARGE REASON
Early SEP from OS DA MSG
BOARD DECISION
DENY with NOTE
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.