RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  9 August 2007
	DOCKET NUMBER:  AR20070003139 


	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. Jeffrey C. Redmann

Chairperson

Ms. Rea N. Nuppenau

Member

Mr. Dennis J. Phillips

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 wounds he sustained in action on 9 November 1970 and his treatment is reflected in his medical record.  The applicant further states that he is applying for benefits from the Department of Veterans Affairs (DVA).  The applicant continues that this award is not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) or in his military records. 

3.  The applicant provides copies from his medical records, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 March 1971, the date of his transfer to the United States Army Reserve.  The application submitted in this case is dated 21 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 10 April 1969 and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The applicant's record shows that he served in Germany during the period 12 September 1969 through 27 June 1970.  The applicant's record also shows he served in the Republic of Vietnam during the period 3 August 1970 through 6 March 1971, while assigned to Company B, 5th Battalion of the 46th Infantry.




4.  On 10 March 1971, 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, 11 months, and 1 day of total active service.  The highest rank the applicant held was sergeant/pay grade E-5.

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

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

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Vietnam Service Medal.  However, it does not show the Purple Heart as an authorized award.

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

9.  The applicant's name is listed on the Vietnam Casualty Roster for injuries sustained as a result of hostile action while in the Republic of Vietnam.

10.  The applicant provided a Standard Form 600 (Chronological Record of Medical Care), dated 9 November 1970, which shows that the 27th Surgical Hospital treated the applicant for small fragment wounds from bullets in both thighs. 

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 additional awards that are not shown on his DD Form 214.



13.  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 6, dated 1974.

14.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase VI.  The same regulation states that a bronze service star will be awarded 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 9 November 1970.  Evidence shows that the applicant sustained small fragment wounds from bullets in both thighs as a result of hostile action.  Evidence further shows that the applicant was treated by appropriate medical personnel and hospitalized for small fragment 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.

2.  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.

3.  The applicant's record shows that the applicant participated in one campaign during his service in Vietnam.  Therefore, he is eligible for award of one bronze service star to be affixed to his previously awarded Vietnam Service Medal.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 March 1971, 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 9 March 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.


BOARD VOTE:

_DJP___  _RNN_ _  _JCR ____  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 9 November 1970; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and one bronze service star to be affixed to his previously awarded Vietnam Service Medal.



 _Jeffrey C. Redmann_
          CHAIRPERSON






INDEX

CASE ID
AR20070003139
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1971/03/10
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.