RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 August 2007
	DOCKET NUMBER:  AR20070003558 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Michael J. Flynn

Chairperson

Mr. Larry W. Racster

Member

Mr. Donald W. Steenfott

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 2 additional awards of the Purple Heart for wounds received in the Republic of Vietnam in 1967 and in 1968. 

2.  The applicant states, in effect, that he was given the Purple Heart on both occasions, but never actually received the orders. 

3.  The applicant provides a self-authored statement and a copy of his unit's (6th Battalion, 27th Artillery Regiment) Newsletter dated 8 August 1967 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 31 May 1983, the date of his retirement.  The application submitted in this case is dated 1 March 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 records show that he enlisted in the Regular Army on 14 April 1960.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 140.00 (Ammunition Handler).  

4.  The applicant's records show that he was further awarded MOS 13B (Field Artillery Crewman) on 26 August 1960 and MOS 13E (Cannon Fire Direction Specialist) on 26 September 1972.  The applicant remained in the Regular Army until he retired in the grade of first sergeant/pay grade E-8 on 31 May 1983.

5.  The applicant's records show that he served in the Republic of Vietnam as follows:

	a.  Assigned to 6th Battalion, 27th Field Artillery during the period 3 September 1966 through 23 September 1967.

	b.  Assigned to 1st battalion, 82nd Field Artillery during the period 28 July 1968 through 27 July 1969.

	c.  Assigned to the U.S. Military Assistance Command, Vietnam, during the period 26 September 1970 through 9 December 1970.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows two entries:

	a.  In July 1967 [on/about 11 July 1967], he suffered metal shrapnel in his eyes.

	b.  In November 1968, he sustained shrapnel wounds in both legs and in his right arm as well as partial loss of bone structure.

7.  Item 4 (Assignment Consideration) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows two entries:

	a.  On 10 November 1968, he sustained shrapnel wounds in both legs and his right arm as well as partial loss of bone structure.

	b.  On 30 March 1969, he sustained shrapnel wounds in the right arm and the right leg.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20, shows that he was awarded the Purple Heart by authority of the Department of the Army Letter dated 2 January 1974.

9.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 shows that he was awarded the Purple Heart.

10.  Department of the Army Letter Orders, dated 7 September 1972, show that the applicant was awarded the Purple Heart for wounds received in action on 30 March 1969 in the Republic of Vietnam.

11.  The applicant's name is shown on the Vietnam Casualty Roster as follows:

	a.  On 29 October 1968, he was wounded in action, not seriously hospitalized.

	b.  On 30 March 1969, he was wounded in action, not serious enough for hospitalization.

12.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows that the applicant was awarded the Purple Heart.

13.  There are no medical records in the applicant's official military personnel file that show he sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.

14.  The submitted 6th Battalion, 27th  Artillery Regiment Newsletter, dated 8 August 1967, shows that the on 14 July 1967, the applicant's unit of assignment suffered casualties during a hostile mortar attack and that the applicant was of those wounded during the mortar attack, treated, and returned to duty.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to 2 additional awards of the Purple Heart in addition to the one shown on his records.

2.  Evidence of records shows that, on/about 11 July 1967, the applicant suffered metal shrapnel in his eyes in the Republic of Vietnam, while in action against an enemy or as a result of hostile action and is therefore entitled to award of the Purple Heart and correction of his records to show this award.

3.  Evidence of record show s that the applicant suffered another wounding on either 29 October 1968 [Vietnam Casualty Listing] or 10 November 1968 [DA Form 2-1] when he sustained shrapnel wounds in both legs and in his right arm as well as partial loss of bone structure, in the Republic of Vietnam, while in action against an enemy or as a result of hostile action and is therefore entitled to award of the Purple Heart and correction of his records to show this award.  The Vietnam Casualty Listing is considered to be a more accurate date for this wounding.


4.  Evidence of records shows that on 30 March 1969, the applicant sustained shrapnel wounds in the right arm and the right leg.  The Department of the Army Letter Orders, dated 7 September 1972 awarded the applicant the Purple Heart for wounds received in action on 30 March 1969.  This award is already posted to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 May 1983; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 May 1986.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

__mjf___  __lwr___  __dws___  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:

	a.  Awarding the applicant two additional Purple Hearts for wounds received on/about 11 July 1967 and 29 October 1968; and by

	b.  Annotating his DD Form 214 to show the Purple Heart with 2 Oak Leaf Clusters.



						Michael J. Flynn
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070003558
SUFFIX

RECON

DATE BOARDED
20070814
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.