RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	13 September 2007 
	DOCKET NUMBER:  AR20070006739 


	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. Luis Almodova

Senior Analyst

The following members, a quorum, were present:


Mr. Thomas Pagan

Chairperson

Mr. Eric N. Andersen

Member

Mr. Paul M. Smith

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, in effect, that he be awarded the Purple Heart and that it be added to his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that while he was receiving medical treatment for an injury to his left calf and Achilles tendon at the 91st Evacuation Hospital, he was visited by a high ranking Army officer and in an improvised ceremony, he was awarded the Purple Heart.  He was later medically evacuated to Camp Zama in Japan and never received either the orders and/or the medal.  He asks the Board to please correct the error.

3.  In support of his application, the applicant submits a copy of his DD Form 214; a copy of a Standard Form (SF) 502, Clinical Record – Narrative Summary; a copy of a DA Form 8-275-2, Clinical Record Cover Sheet; and a copy of page 3 from his DA Form 20, Enlisted Qualification Record.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an alleged error or injustice, which occurred on 22 June 1971, the date of his release from active duty.  The application submitted in this case is dated 24 April 2007.

2.  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.

3.  The applicant’s records show that he enlisted in the Regular Army on 23 June 1969.  He completed basic combat training at Fort Leonard Wood, Missouri, and his advanced individual training at Fort Polk, Louisiana.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

4.  The applicant served in Vietnam from 23 November 1969 through 19 February 1970, with Company B, 1st Battalion, 52d Infantry Regiment, 198th Light Infantry Brigade, of the Americal Division.

5.  The applicant was honorably released from active duty (REFRAD), on
22 June 1971, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was REFRAD in the rank and pay grade of Sergeant, E-5.  On the date he was REFRAD, he had completed 2 years active military service, with no time lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the following awards:  the National Defense Service Medal; the Vietnam Service Medal, with one bronze service star; and the Expert Marksmanship Qualification Badge, with Rifle Bar [M-16 Rifle].  The Purple Heart is not shown on the applicant's DD Form 214.

7.  There is an entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to show that he received a fragmentation wound to the right leg on 1 February 1970.

8.  There is no entry in Item 41 (Awards and Decorations), of the DA Form 20, showing that the applicant was awarded the Purple Heart.

9.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

10.  The applicant's name appears on the Vietnam Casualty List.  He was listed as "Hostile Wounded in Action – Not Serious, Not Hospitalized," with a date of 1 February 1970.

11.  On 19 February 1970, the applicant was admitted to the 91st Evacuation Hospital.  On 20 February 1970, he was medically evacuated to the US Army Hospital, Camp Zama, Japan.  On 13 March 1970, the applicant was medically evacuated to and assigned to the Medical Holding Company, Fort Leonard Wood, Missouri.

12.  The applicant was awarded the Good Conduct Medal, by General Orders 77, Section I, published by the US Army Training Center, Engineer, and Fort Leonard Wood, Fort Leonard, Missouri.  This award is not shown among his authorized awards.

13.  The applicant served in Vietnam for four months, including the month of his arrival and the month of his departure from Vietnam, prior to being medically evacuated from Vietnam.  He is entitled to award of the Republic of Vietnam Campaign Medal; however, the applicant's DD Form 214 does not show this award among his authorized awards.

14.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Grenade Bar, in Special Orders Number 238, Paragraph 261, published by Headquarters, US Army Training Center, Engineer, and Fort Leonard Wood, Missouri, on 26 August 1969.  This marksmanship qualification badge does not appear on the applicant's DD Form 214.

15.  The applicant was also awarded the Sharpshooter Marksmanship Qualification Badge, with Machinegun Bar [M-60 Machinegun], in Special Orders Number 244, Paragraph 126, published by Headquarters, US Army Training Center, Infantry, and Fort Polk, Louisiana, on 6 October 1969.  This marksmanship qualification badge also does not appear on the applicant's DD Form 214.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 24 August 1969 through 31 December 1969, by Department of the Army General Order (DAGO) Number 42, dated 1972.

17.  The applicant held and performed the duties related to the infantry MOS, 11B.  He served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size, as evidenced by the fact he was wounded in action against a hostile enemy and was medically evacuated as a result of complications that developed from these wounds.

18.  AR 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.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

19.  AR 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to all members 

of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or service outside the geographical limits of the Republic of Vietnam that contributed direct combat support to the Republic of Vietnam and its Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due wounds resulting from hostile action were entitled to award of the Republic of Vietnam Campaign Medal.

20.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the Total Army Personnel Command [now the Human Resources Command] has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

21.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  The evidence of record shows that the applicant was wounded in action against a hostile enemy on 1 February 1970.  He received medical treatment and this treatment was made a matter of official record.  The evidence further shows that he was medically evacuated to the United States, through Japan, to receive further medical treatment for complications that developed from these wounds.

3.  Based on the evidence, the applicant is entitled to award of the Purple Heart and to have it added to his DD Form 214.

4.  The evidence shows that the applicant held an infantry MOS.  He served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The applicant was wounded in action against a hostile enemy.  He is therefore entitled to award of the Combat Infantryman Badge, and to have it added to his DD Form 214.

5.  The applicant served in Vietnam for four months, including the month of his arrival and the month of his departure from Vietnam, prior to being medically evacuated from Vietnam.  He is therefore entitled to award of the Republic of Vietnam Campaign Medal and to have this award added to his DD Form 214.

6.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  This unit award is not shown on his DD Form 214.  He is entitled to this unit award and to have it added to his DD Form 214.

7.  The applicant was awarded the Good Conduct Medal while he served on active duty.  This award is not shown on his DD Form 214.  He is entitled to have this award added to his DD Form 214.

8.  The applicant was awarded the Expert Marksmanship Qualification Badge, with Grenade Bar; and the Sharpshooter Marksmanship Qualification Badge, with Machinegun Bar.  These marksmanship qualification badges are not shown on the applicant's DD Form 214.  He is entitled to have these badges added to his DD Form 214.

BOARD VOTE:

___TP___  ___ena__  ___PMS_  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:

	a.  awarding the applicant the Purple Heart; the Combat Infantryman Badge, the Republic of Vietnam Campaign Medal; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and adding these awards to his DD Form 214; and

	b.  adding the already-awarded Good Conduct Medal; the Expert Marksmanship Qualification Badge, with Grenade Bar; and the Sharpshooter Marksmanship Qualification Badge, with Machinegun Bar, to his DD Form 214.




_____Thomas Pagan_______
          CHAIRPERSON



INDEX

CASE ID
AR20070006739
SUFFIX

RECON

DATE BOARDED
20070913
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0015
3.

4.

5.

6.