RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20070002056 


	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. Bernard P. Ingold

Chairperson

Mr. Thomas H. Ray

Member

Mr. Gerald J. Purcell

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 he was not awarded the Purple Heart for wounds he received while in combat in Vietnam.

3.  The applicant provides four witness statements from former fellow Soldiers; a four-page internet insert from My Family.com Titled: C Troop, 1st Squadron, 1st Cavalry, dated 20 November 2006; and two photos apparently of the applicant.

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 had prior service in the Regular Army (RA).  After a break in service he enlisted in the RA on 24 December 1957 and successfully completed advanced individual training.  He was awarded military occupational specialty 131.20 (Armor Crewman).

3.  The applicant arrived in Vietnam and was assigned to C Troop, 1st Squadron, 1st Cavalry on or about 10 August 1967. 

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "frag wounds buttocks 31Jan68".  Item 41 (Awards and Decorations) does not show award of the Purple Heart.

5.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart, but his name appears on the Vietnam Casualty Roster.  This record shows that he was wounded as a result of hostile action on 31 January 1968.

6.  He departed Vietnam on or about 2 August 1968.  The applicant was assigned to Korea on 5 February 1971 and departed on 28 December 1971.  On 30 June 1975, he retired after completing 20 years, 5 months, and 10 days of creditable active service with no time lost.  

7.  A DD Form 214 with the period ending 30 June 1975 shows the applicant was awarded the National Defense Service Medal, the Army of Occupation Medal (Berlin), the Bronze Star Medal with "V" Device, the Korean Service Medal, the Army Commendation Medal, the United Nations Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Armed Forces Expeditionary Medal (Korea), the Vietnam Service Medal with four bronze service stars, the Army Good Conduct Medal (5th Award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber).

8.  The applicant submitted four witness statements from former fellow Soldiers assigned to his unit.  The authors stated, in effect, that on 31 January 1968 after inflicting heavy casualties on enemy forces the applicant approached one group of enemy bodies.  An enemy Viet Cong rolled over and threw a grenade towards the applicant.  As he jumped for cover, he sustained a shrapnel wound to his buttock.  

9.  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 required treatment, and the medical treatment must have been made a matter of official record.

10.  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 Squadron, 1st Cavalry, it was cited for award of the Presidential Unit Citation for the period 31 January 1968 through 31 March 1968 based on Headquarters, Department of the Army General Orders Number 60, dated 1969.

11.  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.


12.  Army Regulation 600-8-22, 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.

13.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The area of eligibility and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 
30 consecutive or for 60 nonconsecutive days.

14.  The Government of the Republic of Korea issued the Republic of Korea War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  The Department of Defense approved acceptance and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the veteran must have served between 25 June 1950 and 27 July 1953 and been on permanent assignment for 30 consecutive days, or on temporary duty for 60 non-consecutive days, within the territorial limits of Korea, in the waters immediately adjacent thereto, or in aerial flight over Korea participating in actual combat operations or in support of combat operations. 

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant the Purple Heart.   However, his name is listed on the Vietnam Casualty Roster and his DA Form 
20 show that he received an injury to his buttock on 31 January 1968.  These entries are accepted as sufficient to show that the applicant was wounded as a result of hostile action.  Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained as a result of hostile action on 31 January 1968.

2.  The applicant was assigned to a unit during a period of time this unit was awarded the Presidential Unit Citation.  His DD Form 214 should be amended to add this award.

3.  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 this award.

4.  The applicant met the eligibility criteria for award of the National Defense Service Medal with one bronze service star, the Korea Defense Service Medal, and the Republic of Korea-Korean War Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

___BPI  _  __THR __  __GJP __  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 him the Purple Heart for wounds sustained on 31 January 1968; and 

b.  by amending his DD Form 214 with the ending period 30 June 1975 to add the Purple Heart, the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the National Defense Service Medal with one bronze service star, the Korea Defense Service Medal, and the Republic of Korea-Korean War Service Medal.




___Bernard P. Ingold        _
          CHAIRPERSON




INDEX

CASE ID
AR20070002056
SUFFIX

RECON

DATE BOARDED
30 AUGUST 2007
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.