RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070007055 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright 

Chairperson

Ms. LaVerne Douglas

Member

Mr. Michael J. Flynn

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 for a wound he received to his left foot while serving in Vietnam.

2.  The applicant states, in effect, that he was wounded in Vietnam in 1968 and that this was his second request and that he had not received a reply as of this date.  He also states that he deserves the Purple Heart for being wounded in action against a hostile force.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a copy of his DD Form    1380 (US Field Medical Card), in support of his request.

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 record shows he enlisted in the Regular Army on 7 December 1965.  He successfully completed basic combat training at Fort Jackson, South Carolina, and advanced individual training at Fort Carson, Colorado.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 64H, Light Vehicle Driver.  

3.  The applicant was promoted to pay grade E-3 on 6 April 1967.  He served in Vietnam from 2 May 67 to 25 May 1968.  He served until he was released from active duty on 6 December 1968.  He was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He was honorably discharged on 6 December 1971.


4.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal, with three bronze service stars; the National Defense Service Medal; the Republic of Vietnam Campaign Medal; and the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  His DD Form 214 does not show any additional awards.

5.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations). 

6.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

7.  The applicant provided a copy of a “US Field Medical Card” which shows he received a light abrasion tip and light contusion to his fourth and fifth toes on 16 March 1968, while serving in Vietnam.  Item 15, of the medical card shows the injury was caused by enemy action.  The applicant incurred the injury while running for cover during an enemy mortar attack.

8.  The applicant's record contain a copy of a letter, dated 28 January 1997, which shows that he wrote to the United States Army Reserve Personnel Center (ARPERCEN) requesting a research of his military file for issuance of the Purple Heart.  He included a copy of his “US Field Medical Card” and a copy of his
DD Form 214.

9.  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, and the medical treatment must have been made a matter of official record. 

10.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  

11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 8, dated 1974, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214.
DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant received a light abrasion tip and light contusion to his fourth and fifth toes on 16 March 1968 while serving in Vietnam. This evidence shows that his injury incurred as a result of enemy action.  Therefore, this evidence is sufficient to approve award of the Purple Heart and correct his records to show this award.  

2.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal, with three bronze service stars.  While in Vietnam, he participated in four campaigns and he is therefore, entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  He is, therefore entitled to correction of his records to show this unit award.

BOARD VOTE:

___KLW_  __MJF___  __LD____  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
awarding the applicant the Purple Heart; the Vietnam Service Medal, with four bronze service stars; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these awards to his DD Form 214.




____Kenneth L. Wright _________
          CHAIRPERSON




INDEX

CASE ID
AR20070007055
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071106
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19681206
DISCHARGE AUTHORITY
AR  635-200
DISCHARGE REASON

BOARD DECISION
DENY//GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.