RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070005865 


	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. Antoinette Farley

Analyst

The following members, a quorum, were present:


Mr. Lester Echols 

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

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, in effect, that he was wounded in the back of his left leg while with the 25th Infantry Division on 9 May 1968 and is entitled to award of the Purple Heart.  

3.  The applicant provides no additional documentary evidence in support of this 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.  The applicant's service records are incomplete; however, his available records shows that he entered active duty on 30 September 1966 and was awarded the military occupational specialty (MOS) 13A (Field Artillery Basic).  The applicant's record also shows that he served in the Republic of Vietnam during the period 1 March 1968 through 28 February 1969, while assigned to Headquarters and Headquarters Battery 3rd Battalion, 13th Artillery of the 24th Infantry Division.

3.  Department of the Army, Headquarters Battalion, United States Army Field Artillery Center, Fort Sill, Oklahoma, Special Orders Number 100, dated 1 August 1969, shows the applicant's last name was changed from Cxxxxx to Gxxxx based on Court Order Number C-69353, dated 11 July 1969, from the State of Oklahoma.

4.  On 29 September 1969, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group.  The applicant's record shows that he completed 3 years of total active service.  The highest rank the applicant held was specialist/pay grade E-4.
5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show he was awarded the Purple Heart. 

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

7.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the Purple Heart as an authorized award.

8.  There are no general orders in the applicant's records which show he was awarded the Purple Heart.

9.  The applicant's name was not listed on the Vietnam Casualty Roster showing he sustained any injuries as a result of hostile action while in the Republic of Vietnam.

10.  There are no medical records in the applicant's official military personnel file which shows he sustained wounds or was treated for wounds as a result of hostile action.

11.  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.

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

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to Headquarters and Headquarters Battery 3rd Battalion, 13th Artillery of the 24th Infantry Division in the Republic of Vietnam the unit was cited for award of the Meritorious Unit Commendation based on Department of the Army General Order (DAGO) Number 1, dated 1969.


14.  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 1979.

15.  Department of the Army Pamphlet 672-3 also shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.

16.  The applicant's record shows that he was awarded the Vietnam Service Medal which is not shown on his DD Form 214.  Additionally, the applicant's DD Form 214 does not include all service stars which indicate his campaign credit.  His records indicate he participated in the Tet Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, and the Tet 69 Counteroffensive campaigns.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in five campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a silver star will be awarded in lieu of five bronze service stars for wear on the Vietnam Service Medal for participation in each campaign.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for a wound sustained as a result of hostile action on 9 May 1969.  

2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant's name is not listed on the Vietnam Casualty Roster. In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  General Orders awarded the applicant the Meritorious Unit Commendation.  Therefore, he is entitled to correction of his records to show this award.


4.  General Orders awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

5.  General Orders awarded the applicant the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

6.  Records show that the applicant participated in the five campaigns during his service in the Republic of Vietnam.  Therefore he is eligible for award of the silver service star to be affixed to his previously awarded Vietnam Service Medal.

7.  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

__PMS___  _REB___  __RCH__  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 to award the Purple Heart.







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 award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and award of a silver service star to be affixed to the previously awarded Vietnam Service Medal.





__Paul M. Smith___
          CHAIRPERSON





INDEX

CASE ID
AR20070005865
SUFFIX

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

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.