RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070003231 


	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. Paul Wright

Analyst

The following members, a quorum, were present:


Mr. Eric N. Anderson

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. Nuppenau

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, in effect, award of the Purple Heart for his service in Vietnam.  Additionally, he requests award of the Good Conduct Medal and any other awards that he may be authorized for the period of service from 1957 to 1959.

2.  The applicant states the Purple Heart was awarded on 23 October 1987 for service in Vietnam by the President of the United States.

3.  The applicant provides a copy of a Purple Heart certificate dated 23 October 1987 for wounds received in action on 11 March 1967 and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 18 November 1964.  The applicant also submitted an additional copy of his DD Form 214 and a DA Form 1577 (Authorization for Issuance of Awards) dated 28 October 1987 by his Veterans Service Office on 21 August 2007.

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’s military records for the period 1957 to 1959 are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  That portion of the applicant’s request pertaining to awards and decorations for the period of service from 1957 to 1959 has been responded to in a letter written to the applicant and will not be discussed further within these proceedings.  

3.  The applicant's military records appear to be complete for his tour of duty for his service in Vietnam except for his Army Medical Records.  

4.  On 18 October 1961, the applicant reenlisted in the Regular Army for a period of 3 years.  The applicant's DD Form 214 for the period ending 17 November 1964 shows no awards.  Subsequently, on 18 November 1964, the applicant reenlisted in the Regular Army for another period of 3 years.  The applicant was assigned to Vietnam from 20 February 1967 to 6 November 1967.  The applicant was assigned to the 432nd Medical Detachment with duty in military occupational specialty (MOS) 92B20, Medical Laboratory Specialist.  

5.  On 7 November 1967, the applicant was honorably discharged.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal, the Air Medal, and the Marksman Badge (Rifle).

6.  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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

7.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

8.  The applicant's name does not appear on the Vietnam Casualty Listing.  There are no orders in his Official Military Personnel File (OMPF) awarding him the Purple Heart.  Additionally, his DA Form 20 (Enlisted Qualification Record) in Item 40 (Wounds) has no entry for wounds.  The applicant's OMPF does not contain copies of his Army Medical Records.  These records appear to have been loaned to the Department of Veterans Affairs (DVA) Regional Office in Indianapolis, Indiana.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  The applicant served in Vietnam during two campaigns -- Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967; and Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

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 the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 March 1966 to 26 March 1967 by Department of the Army General Orders 22, dated 1968 and the Meritorious Unit Commendation for the period 1 January to 31 December 1967 by Department of the Army General Orders 48, dated 1968.

11.  Special Orders Number 206, dated 4 December 1961, Headquarters, 19th Engineer Battalion (Combat)(Army),Fort George G. Meade, Maryland shows the applicant was awarded the Marksman Marksmanship Qualification Badge with M-1 Rifle Bar.

12.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Oversea Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as a whole months for credit toward the overseas service bar.

13.  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.  The applicant requests, in effect, that the award of the Purple Heart be added to his DD Form 214.  The applicant has not explained how he obtained a Purple Heart Certificate dated October 1987 for a wound that occurred on 11 March 1967 many years after the fact.  The Purple Heart award requires that official General Orders be published.  The applicant has not provided a copy of the orders that should have accompanied the certificate.  Additionally, the applicant's name does not appear on the Vietnam Casualty Listing as having been wounded.  His Army Medical Records are unavailable for review.  Not withstanding the fact the applicant may have been issued the Purple Heart by the Army Reserve Personnel Center, St. Louis, Missouri, the Board is reluctant to add this award to his DD Form 214 without additional collaborating evidence.  If the applicant can provide the Board a copy of his Army Medical Records that might show a wound on 11 March 1967, his case will be reviewed again to authenticate his entitlement to the Purple Heart.  Therefore, his request to have this award added to his DD Form 214 is not favorably considered at this time.

2.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an authorized award.  However, evidence of record shows the applicant participated in two campaigns during his assignment in Vietnam which are not correctly shown by award of two bronze service stars for wear on his Vietnam Service Medal.  Therefore, in accordance with the governing regulation, the applicant is entitled to the Vietnam Service Medal with two bronze service stars and correction of his DD Form 214 to show these service stars.

3.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show award of this foreign unit award.

4.  General Orders show the applicant is entitled to award of the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show award of this unit award.

5.  The applicant's DD Form 214 improperly shows his award of the Marksman Badge (Rifle).  This is properly called the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Therefore, he is entitled to a correction of his DD Form 214 to properly reflect award of this badge.

6.  The applicant served 10 months in Vietnam and is entitled to have one Overseas Service Bar added to his DD Form 214.

7.  The applicant served on active duty from 18 October 1961 to 17 November 1964 during a time frame which qualified him for award of the National Defense Service Medal which is not shown on his DD Form 214 for that time frame.  His subsequent DD Form 214 does show the award of the National Defense Service Medal but it is improperly reflected.  He is entitled to a correction of his records to show this award on both of his DD Form's 214.  The latter DD Form 214 should show the National Defense Service Medal with one bronze service star.

8.  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 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __dll___  __rmn___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  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.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

	a.  Adding the National Defense Service Medal to his DD Form 214 for the period ending 17 November 1964;

	b.  Deleting the Vietnam Service Medal, the National Defense Service Medal, and Marksman (Rifle) from his DD Form 214 ending 7 November 1967; and,

	c.  Adding the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, the Marksman Marksmanship Qualification Badge with M-1 Rifle Bar, the National Defense Service Medal with one bronze service star, and one Overseas Service Bar.



							Eric N. Anderson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070003231
SUFFIX

RECON

DATE BOARDED
20071120
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.
107.0094
3.
107.0034
4.
107.0110
5.
107.0069
6.