RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2008
	DOCKET NUMBER:  AR20070003291 


	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. Rial D. Coleman

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawiy A. Sabree

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 award of the Purple Heart.

2.  The applicant states he was wounded in the Republic of Vietnam and should be awarded the Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of United States Report of Transfer or Discharge), an eyewitness statement, and a statement from a doctor in support of this application.

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 was inducted into the Army of the United States on 
11 February 1969.  He completed basic and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).  The highest rank he achieved was specialist four/pay grade E-4.

3.  Block 25 (Remarks) of the applicant's DD Form 214 shows he served in the Republic of Vietnam during the period 13 July 1969 through 11 July 1970.

4.  Block 38 of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company C, 1st Battalion, 2nd Infantry Regiment, 1st Infantry Division; Company A, 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division; and Company A, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division during his tour of duty in the Republic of Vietnam.

5.  Block 40 (Wounds) of the applicant's DA Form 20 is blank.  Block 41 (Awards and Decorations) does not show award of the Purple Heart.

6.  The applicant's available medical records do not show he was treated by medical authorities for any wounds or injuries other than those sustained in an automobile accident on 30 July 1971 in the vicinity of Holland, Michigan.

7.  The applicant's name does not appear on the Vietnam Casualty Roster.

8.  There are no orders in the available records which show the applicant was awarded the Purple Heart.

9.  The applicant provided an eyewitness statement from a former member of his squad in Company A, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division, dated 31 August 2006, which essentially states, the applicant's arm was wounded by shrapnel during an attack by elements of the North Vietnamese Army.

10.  The applicant provided a letter from a civilian medical doctor, dated 
1 September 2006, which essentially states, the applicant has a seven millimeter scar on his right elbow.  There are no complications from the alleged wound and the joint works normally.

11.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

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

13.  Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit to which the applicant was assigned was awarded of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 2, 
dated 1969.

14.  DA Pam 672-3 also shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for actions during the period October 1965 through 7 April 1970 based on Department of the Army General Orders Number 53, dated 1970.

15.  DA Pam 672-3 also shows the unit to which the applicant was assigned was awarded the Valorous Unit Award for the period 1 May through 29 June 1970 based on Department of the Army General Orders Number 43, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was wounded in the Republic of Vietnam and should be awarded the Purple Heart was carefully considered and found to be without merit.

2.  There are no general orders that show the applicant was awarded the Purple Heart.  Evidence of record does not show the applicant was wounded as a result of hostile action or treated for such wounds.  The applicant's name does not appear on the Vietnam Casualty Roster.

3.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart.

4.  The statement provided by the applicant's former squad member was carefully considered, but lacking independent corroborating evidence, it is not sufficient for award of the Purple Heart.

5.  The statement provided by the applicant's doctor was also carefully considered, but lacking independent corroborating evidence, there is no way to confirm the applicant's scar is a remnant of a wound sustained as the result of a hostile action.  Therefore, it is not sufficient for award of the Purple Heart.

6.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

7.  General Orders awarded the applicant’s unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to have his records corrected to show this award.

8.  General Orders awarded the applicant's unit the Valorous Unit Award.  Therefore, he is entitled to have his records corrected to show this award.


9.  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

__LDS __  __CD ___  __QAS __  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 to show he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.




_____Linda D. Simmons____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.