RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007 
	DOCKET NUMBER:  AR20070006571 


	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. John N. Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 he received a Purple Heart while in the Republic of Vietnam for wounds he sustained in action during the Spring of 1969, while serving with F Troop, 17th Cavalry.  The applicant further states that the missing information was due to clerical error. 

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 record shows he was inducted and entered active duty on 27 March 1968 and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The applicant's record shows that he served in the Republic of Vietnam while assigned to the 23rd Adjutant General Administrative Replacement Detachment during the period 31 August 1968 through 9 September 1968 and with F Troop, 17th Cavalry during the period 10 September 1968 through 9 October 1969. 

3.  On 26 March 1970, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Annual Training).  The applicant's record shows that he completed 2 years of total active service.  The highest rank the applicant held was specialist four/pay grade E-4.

4.  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.  
5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) is blank.

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

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

8.  There are no medical documents in the available records which show the applicant sustained injuries and/or was treated for injuries sustained as a result of hostile action.

9.  The applicant's name is listed on the Vietnam Casualty Roster for injuries sustained as a result of hostile action, not serious, and not hospitalized while in the Republic of Vietnam.

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 by military medical personnel, 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 record indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Department of the Army, Headquarters, 2nd Basic Combat Training Brigade, United States Army Training Center, Infantry, Fort Gordon, Georgia Special Orders Number 95, dated 17 May 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the 
M-14 Rifle.  

13.  Department of the Army, Headquarters, 2nd Basic Combat Training Brigade, United States Army Training Center, Infantry, Fort Gordon, Georgia Special Orders Number 102, dated 11 April 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the
M-16 Rifle.  


14.  Department of the Army, Headquarters, Company A, 12th Battalion, 3rd Advanced Individual Training Brigade, Fort Jackson, South Carolina Special Orders Number 110, dated 27 June 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar for qualifying with the 90 MM recoilless rifle.  

15.  The applicant's records show that he was awarded the Vietnam Service Medal with two bronze service stars.  However, the applicant's records indicate that he participated in the Vietnam Counteroffensive Phase V, the Vietnam Counteroffensive Phase VI, and the TET 69 Counteroffensive campaigns.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in three campaigns during his tour of duty in 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for injuries sustained as a result of hostile action on 11 April 1969.  The applicant's name is listed among those injured as a result of hostile action while in the Republic of Vietnam.  Therefore, this is sufficient evidence to qualify the applicant for award of the Purple Heart in this case.

2.  Orders show the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle.  He was also awarded the Marksman Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-14 rifle and the Marksman Marksmanship Qualification Badge with Recoilless Rifle Bar for qualifying with the 90 MM recoilless rifle.  Therefore, he is entitled to have his records corrected to show these qualification badges.

3.  Although the applicant's records show that he was awarded two bronze service stars for campaign credit, evidence of record shows the applicant participated in three campaigns.  Therefore, he is entitled to award of three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.





BOARD VOTE:

_JS____  _DWT____  _JTM____  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 Department of the Army records of the individual concerned be corrected by showing the applicant was awarded the Purple Heart for a wound sustained in the Republic of Vietnam as a result of hostile action on 11 April 1969; showing award of the Expert Marksmanship Qualification Badge with Rifle Bar for qualifying with the M-16 rifle; the Marksman Marksmanship Qualification Badge with Rifle Bar and Recoilless Rifle Bar for qualifying with the M-14 rifle and the 90 MM recoilless rifle; and 3 bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.




	_John N. Slone__
          		CHAIRPERSON




INDEX

CASE ID
AR
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.