RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070005323 


	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. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

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 that he was on a "dustoff" (aero-medical evacuation) combat aerial mission in the Republic of Vietnam when he received machine gun fire that resulted in an injury to his head.

3.  The applicant provides, in support of his application, a letter from the aircraft commander describing the events that led to the applicant's injury and a picture of the helmet the applicant was wearing during that aerial mission when he sustained the injury, in support of his application.

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.  With 13 years and 11 months of prior service in the U.S. Air Force, the applicant enlisted in the Regular Army on 17 October 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 91B (Medical Specialist).  The highest rank the applicant attained during his military service was staff sergeant/pay grade E-6.  He was honorably released from active duty on 31 October 1972 and placed on the retired list on 1 November 1972. 

3.  Records also show that the applicant served two tours in the Republic of Vietnam as follows:

	a.  During the period September 1967 through January 1968, he was assigned to the 18th Surgical Hospital.  He was further assigned to the 45th Medical Company from January 1968 through September 1968.

	b.  During the period 6 January 1971 through 24 July 1971, he was assigned to the United States Military Assistance Command Vietnam (MACV).

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows a blank entry.

6.  The available medical records in the applicant's official military personnel file do not show that he sustained wounds as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

7.  The applicant records do not contain general orders which authorized him award of the Purple Heart.

8.  The applicant's name is shown on the Vietnam Casualty Roster with a code 24, indicating that he was wounded in hostile action on 18 February 1968, although his wound was not serious enough for hospitalization.

9.  The applicant submitted a letter authored by the aircraft commander of the dustoff mission at that time.  The commander stated that, on 19 March 1968 (sic), while he was on the dustoff mission, the aircraft was damaged and he noticed the applicant was wounded in the head by machine gun fire.  He further stated that upon landing the aircraft, he realized the applicant was disoriented and had suffered a concussion as a result of a bullet that struck his the applicant and went around his head just like the ballistic flight helmet he was wearing was designed to do.  The commander concluded that he and the applicant were rescued by another dustoff mission and that the applicant was dropped off at his unit's aid station and the applicant's helmet (a picture of which was provided) ended up on display at the Fort Sam Houston, Texas, Museum. 

10.  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.

11.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.
12.  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 70, dated 1969.

13.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

14.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phases III, IV, V, and VII as well as the TET Counteroffensive campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart because of a head wound sustained as a result of combat in the Republic of Vietnam.  

2.  The applicant's records show that he sustained a small-arms fire wound to his head as a result of hostile action in the Republic of Vietnam on 18 February 1968.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award

3.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award. 

4.  Record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of one silver service stars to be affixed to his already-awarded the Vietnam Service Medal.




BOARD VOTE:

__pms___  __reb___  __rch___  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.  As a result, the Board recommends that all recommends that all Department of the Army records of the individual concerned be corrected to show award of the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and a silver service star to be affixed to his already-awarded Vietnam Service Medal. 




						Paul M. Smith
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070005323
SUFFIX

RECON

DATE BOARDED
20070828
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.