RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  16 August 2007
	DOCKET NUMBER:  AR20070004334 


	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. William D. Powers

Chairperson

Mr. William Blakely

Member

Mr. Donald L. Lewy

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states that the Purple Heart was omitted from his DD Form 
214.  He further states that his name and injury were also omitted from the morning report.  He was airlifted to a field hospital.   

3.  The applicant provides copies of letters that he wrote at the time to his wife telling of the shrapnel and powder burns he received to his right arm when his machine gun blew up while firing at the enemy.

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.  On 21 September 1966, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11C1O (Infantryman Indirect Fire Crewman).

3.  On 28 July 1967, the applicant was assigned as a senior radio operator with the 1st Squadron, 11th Armored Cavalry Regiment, in the Republic of Vietnam. He remained with this squadron until his return to the United States on 24 July 1968.

4.  The applicant’s name is not listed on the Vietnam Casualty Roster.  There is no available evidence of record showing that he was wounded or given medical treatment for wounds.

5.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.

6.  On 26 July 1968, the applicant was released from active duty.  He had attained the rank of specialist fourth class, pay grade E4 and had completed 
1 year, 10 months and 6 days of creditable active duty.

7.  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, Good Conduct Medal, Vietnam Service Medal, Combat Infantryman Badge, and the Vietnam Campaign Medal.  It does not show the Purple Heart.

8.  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.  

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

10.  Item 41(Awards and Decorations) of the applicant’s DA Form 20 shows that he was awarded the Sharpshooter Qualification Badge with Rifle and Pistol Bars.

11.  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 four campaign periods: the Vietnam Counteroffensive, Phase III, the TET 68 Counteroffensive, the Vietnam Counteroffensive, Phase IV, and the Vietnam Counteroffensive, Phase V.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

12.  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 11th Armored Cavalry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Valorous Unit Award, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s letters to his wife clearly indicate that he received an injury to his right arm while in combat with the enemy.  However, this evidence by itself is not sufficient substantiation for award of the Purple Heart.  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.  There is no available record of medical treatment for these wounds.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  Records show the applicant qualified as a sharpshooter with his rifle and pistol.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars.

3.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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

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

__WDP___  __WB___  _DLL __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that, in addition to the awards shown on his DD Form 214, his authorized awards include the Valorous Unit Award, four bronze service stars to be affixed to his Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Pistol Bars.






___    William D. Powers   _
          CHAIRPERSON




INDEX

CASE ID
AR20070004334
SUFFIX

RECON
 
DATE BOARDED
20070816 
TYPE OF DISCHARGE

DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.