RECORD OF PROCEEDINGS


	IN THE CASE OF:    


	BOARD DATE:	  4 October 2007
	DOCKET NUMBER:  AR20070006494 


	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:


Ms. Susan A. Powers

Chairperson

Mr. Edward E. Montgomery

Member

Mr. Qawiy A. Sabree

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 Silver Star, Bronze Star Medal, and two Purple Hearts. 

2.  The applicant states that his first sergeant was supposed to have put in a recommendation for these awards.  He found out after his discharge that his first sergeant never submitted the recommendations for these awards.  He further states that when he was in the jungle in the Republic of Vietnam he saw a helicopter shot down.  He ran to it when it hit the ground and pulled the dead pilot and an injured colonel from the helicopter and hid them in the woods until the enemy had cleared the area.  He then radioed for a medical evacuation helicopter to pick them up.  After the pick up, he went back to his mission.  It was due to his response that the colonel survived. 

3.  The applicant provides a copy of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214).

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 requests, in part, correction of his records to show award of the Silver Star and Bronze Star Medal.  There are no orders or other evidence authorizing these awards to the applicant.  In the absence of a proper award authority for these decorations, the applicant may request award of them under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for these decorations under Section 1130 and, as a result, they will not be discussed further in this Record of Proceedings. 

3.  On 13 August 1969, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty 13B2O (Field Artillery Crewman).

4.  On 19 May 1971, the applicant was assigned for duty with the 6th Battalion, 11th Artillery Regiment, in the Republic of Vietnam.
 
5.  On 20 October 1971, the applicant was reassigned to the 1st Battalion, 21st Artillery Regiment, in the Republic of Vietnam.

6.  On 14 March 1972, the applicant reenlisted in the Regular Army for a period of 5 years.  

7.  On 25 March 1972, the applicant was returned to the United States.  He was subsequently discharged on 9 October 1975.  He had attained the rank of private first class, pay grade E-3, and had completed 5 years, 11 months, and 11 days of creditable active duty and had 75 days of lost time due to being absent without leave.

8.  Item 26 (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, Republic of Vietnam Campaign Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  It does not show award of the Purple Heart.

9.  The applicant’s name is not listed on the Vietnam Casualty Roster.  The available medical records do not show that he received treatment for any wounds received in action.

10.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is issued to denote award of second and succeeding awards 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.  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 Counteroffensive, Phase VII; the Consolidation I; and the Consolidation II campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

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 available medical records do not show that he was treated for wounds received in action.  The applicant has not provided any substantiating evidence showing that he was wounded as a result of enemy action in the Republic of Vietnam.  Therefore, the applicant's request for award of two Purple Hearts should not be granted.

2.  Records show that the applicant participated in three campaigns 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.

3.  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

_ SAP __  __EEM__  __QAS __  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 by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




__    Susan A. Powers ___
          CHAIRPERSON




INDEX

CASE ID
AR200070006494
SUFFIX

RECON
 
DATE BOARDED
20071004
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.