RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 July 2007
	DOCKET NUMBER:  AR20070002870 


	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 Infante

Chairperson

Ms. Rose M. Lys

Member

Mr. James R. Hastie

Member

	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 he received a Purple Heart while in the Republic of Vietnam for a shell fragment wound to his chest not his thigh.  The applicant indicates that he was given a Purple Heart by a one star General at Fire Base Sandy.  The applicant continues that this award is not shown on his DD Form 214 or in his military records. 

3.  The applicant provides copies of a Western Union Telegram and a Department of the Army message in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 April 1969, the date of his release from Active Duty.  The application submitted in this case is dated 14 February 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 service record shows he entered active duty on 6 August 1967 and was awarded the military occupational specialty (MOS) 63C (Motor sergeant).  The applicant served in the Republic of Vietnam during the period 10 April 1968 through 5 April 1969, while assigned to C Battery, 5th Battalion of the 22nd Artillery.  On 6 April 1969, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  The applicant's record shows that he completed 1 year, 7 months, and 28 days of total active service.  The highest grade the applicant held was sergeant/pay grade E-5.

4.  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.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows award of the Vietnam Service Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle.  However, the Purple Heart is not shown as an authorized award.

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

8.  The applicant's name is listed on the Vietnam Casualty Roster for injuries received while in Vietnam.

9.  The applicant provided a Western Union Telegram, dated 31 December 1968, which informed his parents that he was slightly wounded as a result of hostile action.  The Telegram continues that the applicant received a puncture wound to the left thigh while at a landing zone when the area came under hostile mortar attack.  The Telegram concludes that the applicant was treated and hospitalized in Vietnam.

10.  The applicant provided a Department of the Army Message, dated 29 December 1968, which shows that the applicant was "not seriously wounded" as a result of hostile action on 29 December 1968.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against and enemy or 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 are no time limitations for requests for award of the Purple Heart.

12.  Review of the applicant's records indicates entitlement to an additional award that is not shown on his DD Form 214.

13.  The applicant's records contain Headquarters, I Field Force Vietnam Artillery General Orders Number 197, dated 11 March 1969, shows the applicant was awarded the Army Commendation Medal for meritorious service in Vietnam during the period of action from April 1968 through March 1969.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 54, dated 1974.

15.  Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Meritorious Unit Commendation based on Department of the Army General Order Number 39, dated 1970.

16.  The applicant's record shows that he was awarded the Vietnam Service Medal which is not shown on his DD Form 214.  Additionally, the applicant's DD Form 214 does not show any service stars indicating campaign credit.  His records indicate he participated in the Vietnam Counteroffensive Phase III, the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, and the Tet 69 Counteroffensive campaigns.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for a wound sustained as a result of hostile action on 29 December 1968.

2.  Evidence shows that the applicant sustained a shell fragment wound to his left thigh while at a landing zone when the area came under hostile mortar attack.  Evidence further shows that the applicant was treated by appropriate medical personnel and hospitalized for his wounds.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  General Orders show the applicant is entitled to award of the Army Commendation Medal.  This award was omitted from his DD Form 214. Therefore, the applicant is entitled to correction of his DD Form 214 to add this medal.


4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

5.  General Orders show the applicant is entitled to award of the Meritorious Unit Commendation.  This award was omitted from his DD Form 214. Therefore, the applicant is entitled to correction of his DD Form 214 to add this service award.

6.  The applicant's record shows he was awarded the Vietnam Service Medal which is not shown on his DD Form 214.  Therefore, he is entitled to have his records corrected to show this award.

7.  The applicant's record shows that the applicant participated in six campaigns during his service in Vietnam.  Therefore, he is eligible for award of one silver service star and one bronze service star to be affixed to his Vietnam Service Medal.

8.  The applicant's record shows that he was authorized award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 Rifle.  Therefore, the applicant is entitled to correction of his DD Form 214 to add this award.

9.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 April 1969, the date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 April 1972.  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.

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 by showing the applicant was awarded the Purple Heart for a wound sustained in the Republic of Vietnam on 29 December 1968; the Army Commendation Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Meritorious Unit Commendation; the Vietnam Service Medal with one silver service star and one bronze service star; and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar for qualifying with the 
M-14 Rifle.  





__John Infante____
          CHAIRPERSON






INDEX

CASE ID
AR20070002870
SUFFIX

RECON

DATE BOARDED
20070724
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1969/08/08
DISCHARGE AUTHORITY
AR635-200 chap 5  Sec VIII
DISCHARGE REASON
Overseas Returnee
BOARD DECISION
GRANT PH and oawards
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.