RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  9 August 2007
	DOCKET NUMBER:  AR20070004098 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Jeffrey C. Redmann

Chairperson

Ms. Rea M. Nuppenau

Member

Mr. Dennis J. Phillips

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 for wounds he received during his service in the Republic of Vietnam.

2.  The applicant states that he received shrapnel wounds to his right hand from an enemy grenade that exploded near him.  He also contends that the suffered a temporary hearing loss.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 22 January 1971, the date of his release from active duty.  The application submitted in this case is dated 22 January 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.  On 23 January 1968, the applicant enlisted in the Regular Army of the United States for 3 years.  He completed his initial training and was awarded military occupational specialty 68F3O (Aircraft Electrician).

4.  On 17 May 1969, the applicant was assigned for duty as an aircraft electrician with the 388th Transportation Detachment, 101st Airborne Division, in the Republic of Vietnam. 

5.  On 17 November 1969, the applicant was promoted to specialist five, pay grade E5.

6.  The applicant’s name is not listed on the Vietnam Casualty Roster.  There are no available medical records showing that he was treated for a combat wound.

7.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.
8.  He was returned to the United States on 31 March 1970. 

9.  On 22 January 1971, the applicant was released from active duty.  He had attained the rank of specialist five, pay grade E5 and had completed 3 years of creditable active duty.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with two bronze service stars, Vietnam Campaign Medal with Device (1960), Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.  It does not show award of the Purple Heart.

11.  Army Regulation 600-8-22 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.  

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

13.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaigns: the TET 69 Counteroffensive, the Vietnam Summer-Fall 1969, and the Vietnam Winter-Spring 1970.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 388th Transportation Detachment, during the time of the applicant's assignment, was cited in Department of the Army General Orders Number 48, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  


16.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The applicant has not provided any substantiating evidence showing that he sustained a wound while in the Republic of Vietnam as the result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  The applicant’s records show that his conduct and efficiency were excellent for his entire period of active service and that he was promoted to specialist five. There is no available evidence showing that he received disciplinary action.  This clearly shows that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, he should be awarded this medal.

3.  Records show that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.

4.  General Orders show that the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.   

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 January 1971; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
21 January 1974.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_ DJP   _  __RMN__  __JCR  __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 him the Army Good Conduct Medal for the period from 
23 January 1968 to 22 January 1971; and

b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Good Conduct Medal; three bronze service stars to be affixed to his Vietnam Service Medal; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.  




__   Jeffrey C. Redmann ___
          CHAIRPERSON




INDEX

CASE ID
AR20070004098
SUFFIX

RECON
 
DATE BOARDED
20070809 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.