RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	   21 August 2007
	DOCKET NUMBER:  AR20070004288 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Conrad Meyer

Chairperson

Mr. Dale DeBruler

Member

Ms. Ernestine Moya

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 Vietnam and wanted to return to the field quickly so the Purple Heart paperwork was not completed at the time of his injury.  He states the Department of Veterans Affairs documented his service-connected injury. 

3.  The applicant provides copies of his separation paper, Department of Veterans Affairs disability rating, and a letter from his local county Deputy Veterans Support Officer (VSO) in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which occurred on 17 November 1971, the date of his release from the Regular Army. The application submitted in this case is dated 14 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 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.

3.  The applicant's record shows that he enlisted in the Regular Army on
26 November 1968 for three years.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 91A (Medical Specialist).  

4.  The applicant's record contains a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the effective date 17 November 1971.  This form shows that the applicant completed 2 years, 11 months, and 29 days of net active federal service during this period of enlistment.  He served in the Republic of Vietnam for 11 months and 28 days.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show award of the Purple Heart.  It does show one award of the Bronze Star Medal and one award of the Vietnam Service Medal with no service stars.

6.  Item 39 (Campaigns) of the applicant's DA Form 20 (Enlisted Qualification Record) shows two operational campaigns: the Vietnam Summer-Fall 1969 (9 June1969 to 31 October 1969) and the Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970).

7.  Item 40 (Wounds) of the applicant's DA Form 20 does not show any entries for wounds received during an operational campaign. 

8.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show any entry for award of the Purple Heart.  It does show two entries for the Bronze Star Medal.  The first award, announced per General Order Number 2514, Headquarters, 1st Infantry Division, dated 19 February 1970, was for meritorious achievement during the period 1 November 1969 to 1 February 1970. The second award, announced per General Order Number 6645, Headquarters, 1st Infantry Division, dated 27 April 1970, was for meritorious service during the period June 1969 to June 1970.

9.  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.  The applicant's separation physical administered on 23 August 1971 does not show any injuries or wounds incurred during the enlistment period.

10.  The applicant's personnel service records do not contain general orders, which authorized him award of the Purple Heart.

11.  The applicant's name is not shown on the Vietnam Casualty Roster.

12.  The applicant provided through his local county deputy VSO a copy of his Department of Veterans Affairs disability rating, dated 23 December 1971, which shows he has "scars from shell fragment wound of your right leg" which are less than 10% disabling.  He also provided through his VSO a copy of his discharge paper. 

13.  General George Washington at Newburgh, New York established the Purple Heart on 7 August 1782 during the Revolutionary War.  The President of the United States, per War Department General Orders Number 3, reestablished it in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds because of hostile action.

14.  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 an 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.

15.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

16.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

17.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 
3 July 1965 through 28 March 1973.  Qualifying service included attachment to 
or assigned for 1 or more days to an organization participating in or directly supporting military operations.

18.  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.

19.  Army Regulation 600-8-200 (Military Awards) provides, in pertinent part, that the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation was awarded by the Vietnamese Government as a unit award for meritorious service. Department of the Army Pamphlet 672-3 shows the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal based on Department of the Army General Order 53, dated 1970.


20.  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 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for shell fragment wounds to his right leg.  The applicant did not provide sufficient evidence nor do his service personnel records show that he was wounded because of hostile action or action against a foreign enemy.  Therefore, the applicant does not meet the criteria for award of the Purple Heart.  

2.  The applicant's records shows that he served with honor and distinction in the Republic of Vietnam.  His record shows that he was awarded two Bronze Star Medals (BSM) one for service and the second for achievement during his tour in the Republic of Vietnam.  The applicant's DD Form 214 only shows one award of the BSM; therefore, he is entitled to have his records corrected to show the Bronze Star Medal with First Oak Leaf Cluster.

3.  The applicant's records show that he participated in two campaigns while serving in the Republic of Vietnam.  The applicant's DD Form 214 does not show two bronze service stars for the Vietnam Service Medal.   The applicant is entitled to have his DD Form 214 corrected to show two bronze service stars to be a fixed to the Vietnam Service Medal for his service in two campaigns in the Republic of Vietnam. 

4.  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.

5.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class 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. 

6.  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

__CM ___  ___DD __  __EM___  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:

	a.  Bronze Star Medal with Oak Leaf Cluster;

 	b.  Vietnam Service Medal with two bronze service stars;

	c.  Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	d.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




______Conrad Meyer_________
          CHAIRPERSON

INDEX

CASE ID
AR20070004288
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070821
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY w/NOTE
REVIEW AUTHORITY

ISSUES         1.
107.0073/.0094/.0095
2.

3.

4.

5.

6.