RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  12 July 2007
	DOCKET NUMBER:  AR20070001898 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Mr. James E. Anderholm

Chairperson

Mr. Jose A. Martinez

Member

Mr. William F. Crain

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 military records to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states that he was wounded on 17 February 1970 while in the Republic of Vietnam.

3.  The applicant provides a copy of his Record of Medical Care, Standard Form 600, dated 17 February 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 4 December 1975, the date of his discharge.  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. On 14 August 1968, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 36K2O (Wireman).  On 18 February 1969, he was assigned for duty in the Federal Republic of Germany.           

4.  On 5 December 1969, the applicant reenlisted for another 6 years.

5.  On 25 January 1970, the applicant was assigned for duty as a lineman with the 25th Supply and Transportation Battalion, in the Republic of Vietnam.

6.  The applicant’s Record of Medical Care, Standard Form 600, dated 
17 February 1970, shows that he received a laceration to his right leg which was cleaned, drained and sutured over the course of several visits to the medical dispensary.  The record does not provide any evidence of the circumstances surrounding how or where he received this wound. 

7.  The applicant's name is not listed on the Vietnam Casualty Roster.

8.  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.  

9.  On 4 December 1975, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 7 years, 
3 months and 21 days of creditable active duty.

10.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, Parachutist Badge, Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show 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.  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 following three campaign periods: the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

13.  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 publication shows that the 25th Supply and Transportation Battalion, during the time of the applicant's assignment, was cited in general orders for award of the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence provided by the applicant shows that he had an injury to his right leg, however, it does not provide substantiating evidence that this injury occurred as a result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  The applicant’s unit was cited in general orders for award of the Meritorious Unit Commendation.  Therefore, his records should be corrected to show this unit award.

3.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award.

4.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

5.  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.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 4 December 1975; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
3 December 1978.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___JEA __  __JAM___  __WFC   DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that, in addition to the awards shown on his DD Form 214, his authorized awards include the Meritorious Unit commendation, three bronze service stars to be affixed to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.






____James E. Anderholm _____
          CHAIRPERSON




INDEX

CASE ID
AR20070001898
SUFFIX

RECON
 
DATE BOARDED
20070712 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.