RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070007695 


	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. Rial D. Coleman

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 that his records be corrected to show he was awarded the Purple Heart.

2.  The applicant states, in effect that the above award was not placed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He contends that he was awarded the Purple Heart at the same time that he was awarded the Bronze Star Medal.

3.  The applicant provides no 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 record shows that he was inducted into the Army of the United States on 21 May 1969.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 11B (light weapons infantryman).  The highest rank he attained while serving on active duty was specialist four/pay grade E-4.  The applicant served a tour of duty with the 1st and 3rd Battalions of the 8th Infantry Regiment of the 4th Infantry Division in the Republic of Vietnam during the period 1 November 1969 through 19 October 1970.

3.  Item 24 (Decorations, Medals, Badges, Commendation, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Purple Heart.  There are no orders in the applicant's service personnel records which show that he was awarded the Purple Heart.

4.  Item 40 (Wounds) of the applicant's DA Form 20 does not show that he received any wounds while serving in Vietnam.  The available medical records in the applicant's personnel file do not show that the applicant sustained wounds as a result of hostile action or was treated for wounds sustained as a result of hostile action.

5.  The applicant's name does not appear on the Vietnam Casualty Roster. 

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

7.  The applicant's record contains no documentation of him sustaining a wound as a result of a hostile action.

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Item 24 of the applicant's DD Form 214 shows that he was awarded the Bronze Star Medal.  The orders which awarded the applicant the Bronze Star Medal are available in his records.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Headquarters, United States Army Training Center, Fort Lewis Special Orders Number 262, dated 19 September 1969 awarded the applicant the Expert Gunner Badge with Machine Gun Bar for his qualification with the M-60 machine gun on 29 August 1969.

12.  Headquarters, 4th Infantry Division General Orders Number 4467, dated 
29 August 1970 awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against an armed hostile force in the Republic of Vietnam for the period of October 1969 to October 1970 in support of Headquarters and Headquarters Company, 3rd Battalion,
8th Infantry Regiment.



13.  Headquarters, 4th Infantry Division General Orders Number 4920, dated 
5 October 1970 awarded the applicant the Army Commendation Medal for meritorious service for the period of November 1969 to November 1970 in support of Company B, 3rd Battalion, 8th Infantry Regiment.

14.  Headquarters, 4th Infantry Division General Orders Number 5925, dated 
18 November 1970 awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the Republic of Vietnam on 29 September 1970.

15.  Department of the Army Pamphlet (DA Pam) 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in Vietnam.  DA Pam 672-3 shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 52, dated 1971.

16.  Item 24 of the applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal with two bronze service stars.

17.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

18.  The applicant's records show he participated in three campaigns during his service in the Republic of Vietnam:  the Vietnam Winter-Spring 1970, DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII.

19.  Paragraph 1-18 of Army Regulation 600-8-22 (Military Awards) states that only one decoration will be awarded to an individual for the same period of meritorious service.

20.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the award of the Purple Heart due to injuries he received during hostile actions was carefully considered and determined to be without merit.

2.  There are no general orders showing 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.  The applicant's name is not listed on the Vietnam Casualty Roster.

3.  In the absence of evidence that the applicant 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.

4.  Special Orders awarded the applicant the Expert Gunner Badge with Machine Gun Bar for his qualification with the M-60 machine gun.  Therefore, the applicant is entitled to have his records corrected to show this qualification badge.

5.  General Orders, dated 29 August 1970 awarded the applicant the Army Commendation Medal.  Therefore, the applicant is entitled to have his records corrected to show this award.

6.  General Orders, dated 29 August 1970 awarded the applicant a second Army Commendation Medal.

7.  Although pertinent Army Regulation states that only one decoration will be awarded to an individual for the same period of meritorious service, the record shows that two separate General Orders were published in recognition of his service in support of two different units during the period of October 1969 to November 1970.  Therefore, the applicant is entitled to have his records corrected to show award of the Army Commendation Medal (1st Oak Leaf Cluster).

8.  Records show that the applicant was awarded the Bronze Star Medal.  However, evidence shows General Orders awarded him the Bronze Star Medal with "V" device.  Therefore, the applicant is entitled to have his records corrected to show this award.

9.  General Orders awarded the applicant the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is entitled to have his records corrected to show this foreign unit award.

10.  Records show that the applicant was awarded the Vietnam Service Medal with two bronze service stars.  Evidence shows that he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of an additional bronze service star to be affixed to his Vietnam Service Medal.
11.  Evidence shows that the applicant’s records contain administrative errors which do 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

_JS___   _DWT____  _JTM____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 to show award of the Purple Heart.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Expert Gunner Badge with Machine Gun Bar (M-60), the Army Commendation Medal (1st Oak Leaf Cluster), the "V" Device to be affixed to his already-awarded Bronze Star Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and 3 bronze service star to be affixed to his already-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.