RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  16 August 2007
	DOCKET NUMBER:  AR20070004609 


	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 military records to show award of the Purple Heart.

2.  The applicant states, in effect, that he was wounded by a mortar round while in the Republic of Vietnam.  He further states that he received shrapnel in his right knee and consequently had to have a knee joint replacement.    

3.  The applicant provides no additional documentation.

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 26 September 1969, the applicant enlisted in the Regular Army for 
2 years.  He completed his initial training and was awarded military occupational specialty 36K2O (Field Wireman).

3.  On 29 April 1970, the applicant was assigned for duty as a switchboard operator with the 1st Squadron, 10th Cavalry Regiment, in the Republic of Vietnam.  

4.  On 16 January 1971, the applicant received medical treatment at the 1st Squadron Dispensary for an injury to his right knee.  The medical record indicates that he sustained this injury as a result of tripping over a vine.  The applicant suffered pain and swelling.  He returned to the dispensary on 
19 January 1971.  At this time he could not completely bend his right knee.  There was soft tissue swelling, and pain.  He was put on profile and told to return on 26 January 1971 for evaluation.  On 26 January 1971, his knee was still swollen and painful.  He was referred to the orthopedic clinic for evaluation.  No further medical records are available for review.
5.  On 1 February 1971, the applicant was medically evacuated to Camp Zama, Japan.  Available records do not provide any details of his medical condition or how he came to be injured or ill.   

6.  The applicant’s name is not on the Vietnam Casualty Roster.

7.  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.  

8.  On 17 March 1971, the applicant was returned to the United States for duty at Fort Rucker, Alabama.

9.  On 24 September 1971, the applicant was released from active duty.  He had attained the rank of specialist fourth class, pay grade E4 and had completed 
1 year, 11 months and 29 days 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, Vietnam Service Medal, and the Vietnam Campaign Medal with “1960-“Device.   It does not show award of the Purple Heart. 

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

12.  Special Orders 19, United States Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, Missouri, dated 19 January 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

13.  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 campaign periods: the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  


14.  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 1st Squadron, 10th  Cavalry Regiment, during the time of the applicant's assignment, was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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’s contention that his knee injury was received as a result of an enemy mortar is not supported by the evidence of record.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  Special orders show the applicant qualified as an expert with the grenade.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Grenade Bar.

3.  Special orders show the applicant qualified as a sharpshooter with his rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  Records show that the applicant participated in three campaign periods 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.

5.  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.

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 3 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.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.

3.  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 Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, three bronze service stars to be affixed to his Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.






__    William D. Powers   _____
          CHAIRPERSON




INDEX

CASE ID
AR20070004609
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.