RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 September 2007
	DOCKET NUMBER:  AR20070006817 


	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. James E. Anderholm

Chairperson

Ms. Laverne V. Berry

Member

Mr. Ronald D. Gant

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 records to show award of the Purple Heart.

2.  The applicant states that he was wounded and received medical treatment for his wounds in the Republic of Vietnam in October or November 1969. 

3.  The applicant provided a copy of his DD Form 214 (Report of Separation from Active Duty) 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.  The applicant's records show that he was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 13 March 1967.  He later served on active duty and was honorably released from active duty and transferred to the USAR Control Group on 25 August 1974. 

3.  Records further show that he served in the Republic of Vietnam during the period 19 January 1969 through 20 December 1969.  He was assigned to the U.S. Military Assistance Command-Vietnam. 

4.  Item 26 (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 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the Purple Heart.


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

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

8.  The applicant's name is not shown on the Vietnam Casualty Roster.

9.  The applicant's records show that he was awarded the Combat Infantryman Badge (CIB) and the Bronze Star Medal.  However, the awards’ narratives do not show that he sustained any wounds while in action against an enemy or as a result of hostile action. 

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 an 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 records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Headquarters, U.S. Military Assistance Command, General Orders Number 5728, dated 1 October 1969, show that the applicant was awarded the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 24 May 1969. 

13.  Republic of Vietnam Armed Forces, 1st Infantry Division, Memorandum dated 30 March 1966, shows that the applicant was awarded the Staff Service Honor Medal, First Class, for exceptional performance as an advisor to the 54th Regiment Staff, 1st Infantry Division, Republic of Vietnam. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.  

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, and the applicant's name is not listed on the Vietnam Casualty Roster.  In the absence of evidence that the he 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 show the applicant was awarded the Army Commendation Medal with "V" Device, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

4.  Republic of Vietnam Armed Forces Memorandum dated 30 March 1966, shows that the applicant was awarded the Staff Service Honor Medal, First Class, which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jea___  __lvb___  __rdg___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Army Commendation Medal with "V" Device and the Republic of Vietnam Staff Service Honor Medal, First Class.

2.  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 for award of the Purple Heart.





3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



							James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070006817
SUFFIX

RECON

DATE BOARDED
20070918
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.