RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  19 July 2007
	DOCKET NUMBER:  AR20070001900 


	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. John T. Meixell

Chairperson

Mr. Robert J. Osborn II

Member

Mr. Michael J. Flynn

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

2.  The applicant states that he was awarded the Purple Heart.  It was left off of his DD Form 214 and he needs this correction in order to receive veteran benefits.

3.  The applicant provides copies of his DD Form 214 and Purple Heart Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 17 April 1966, the date of his release from active duty.  The application submitted in this case is dated 11 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 21 April 1964, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11H2O (Infantry Direct Fire Crewman).

4.  On 29 June 1965, the applicant was assigned for duty as a squad leader with Company A, 2nd Battalion, 16th Infantry Regiment, in the Republic of Vietnam.  

5.  The Vietnam Casualty Roster shows that the applicant was wounded in action by a hostile force on 6 April 1966.  His wounds were not serious but required hospitalization. 



6.  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.  

7.  On 13 April 1966, the applicant was returned to the United States.

8.  On 17 April 1966, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E4 and had completed 1 year, 
11 months and 27 days of creditable active duty.

9.  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 Army Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal, Expert Marksmanship Qualification Badge with Recoilless Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart. 

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

11.  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 two campaign periods: the Vietnam Defense and the Vietnam Counteroffensive. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  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 2nd Battalion, 16th Infantry Regiment, during the time of the applicant's assignment, was cited in general orders 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.  

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal with "1960-" Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

14.  Army Regulation 600-8-22 (Military Awards) as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.  This regulation also provides that the second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available to show that the applicant was awarded the Purple Heart.  However, the applicant's name is listed on the Vietnam Casualty Roster, showing that he received wounds as a result of hostile action in the Republic of Vietnam on 6 April 1966.  Also, the applicant has provided a copy of his Purple Heart Certificate.  The evidence is sufficiently convincing; therefore, the applicant's request to show, on his DD Form 214, that he was awarded the Purple Heart should be granted.

2.  Records show that the applicant served during a qualifying period for award of the National Defense Service Medal.  Therefore, his records should be corrected to show this award. 

3.  Records show that the applicant served during a qualifying period for award of the Republic of Vietnam Campaign Medal with "1960" Device.  Therefore, his records should be corrected to show this foreign award. 

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

5.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.   
6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 17 April 1966; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
16 April 1969.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__JTM __  __MJF __  __RJO__  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 by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart for wounds received in action on 6 April 1966, National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with "1960-" Device, Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.





___    John T. Meixell_______
          CHAIRPERSON




INDEX

CASE ID
AR20070001900
SUFFIX

RECON
 
DATE BOARDED
 20070719
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.