RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070007835 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. Nuppenau

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.  The applicant also requests to personally appear before the Board.

2.  The applicant states that he was wounded in his right arm while serving in the Republic of Vietnam, received medical treatment, but was never awarded the Purple Heart.  He further states that he had inquired about the Purple Heart before leaving the Republic of Vietnam but never received it.  In May 2007, he had a residual piece of the shrapnel removed from his right arm and decided to pursue the award again.

3.  The applicant provides copies of his DD Form 214, a witness statement, four photographs, and a recent surgical report. 

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.  On 23 July 1969, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B2O (Light Weapons Infantryman).

3.  On 11 April 1970, the applicant was assigned for duty as a rifleman with the 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam.  On 6 September 1970, he was reassigned for duty as a rifleman with the 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division.  On 
15 March 1971, he was returned to the United States.

  

4.  On 18 March 1971, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4, and had completed 1 year, 
7 months, and 26 days of creditable active duty.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Army Commendation Medal with first oak leaf cluster, Good Conduct Medal, Combat Infantryman Badge, Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  It does not show the Purple Heart or any marksmanship badges. 

6.  The applicant’s name is not listed on the Vietnam Casualty Roster.  There are no available medical records showing that he received medical treatment in the Republic of Vietnam for a wound sustained in battle.   

7.  Item 40 (Wounds), of the applicant’s Enlisted Qualification Record (DA Form 20), is blank.

8.  Two of the photographs provided by the applicant appear to show the applicant during the period of time when he was assigned in the Republic of Vietnam.  One of these photographs shows him without his shirt while shaving.  His upper right arm was bandaged.  The other photograph shows the applicant and the former Soldier who has provided a statement in support of the applicant’s request while they were in the Republic of Vietnam.  The third and fourth photographs appear to be more recent and show the applicant’s arm after his recent surgery.

9.  The surgical report provided by the applicant states that shrapnel was removed from his right arm on 1 May 2007.

10.  The letter of support, written by a former Soldier, and provided by the applicant states, in part, that the applicant was wounded in his right arm and that a medic bandaged it and, in effect, told him it was not bad enough for him to be evacuated. 

11.  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 by military medical personnel, and the medical treatment must have been made a matter of official record. 

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

13.  Item 29 (Qualification in Arms), of the applicant’s Enlisted Qualification Record (DA Form 20), shows that he qualified as an expert with the M14 rifle; as a sharpshooter with the M16 rifle; and as a marksman with the M60 machinegun. 

14.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 5th Battalion, 60th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated 1972, for award of the Valorous Unit Award; and in DAGO 55, dated 1971, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested a personal appearance before the Board; however, since there is sufficient evidence of record to fully consider this case, a formal hearing is not warranted.  

2.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence provided by the applicant shows that he had sustained a wound to his right arm while in the Republic of Vietnam.  However, there is no official record of his receiving medical treatment for this wound.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

3.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.



4.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

5.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  Records show the applicant qualified as an expert with the M14 rifle.  Therefore his records should be corrected to show award of the Expert Marksmanship Qualification Badge, with Rifle Bar (M-14).

7.  Records show the applicant qualified as a sharpshooter with the M16 rifle.  Therefore his records should be corrected to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

8.  Records show the applicant qualified as a marksman with the M60 machinegun.  Therefore his records should be corrected to show award of the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).

9.  Evidence shows that the applicant’s records contain administrative error which does 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

_ENA ___  ___DLL _  ___RMN_  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Valorous Unit Award; three bronze service stars to be affixed to his already-awarded Vietnam Service Medal; Expert Marksmanship Qualification Badge with Rifle Bar (M-14); Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60); Republic of Vietnam Gallantry Cross with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




__    Eric N. Andersen_____
          CHAIRPERSON




INDEX

CASE ID
AR20070007835
SUFFIX

RECON
 
DATE BOARDED
20071120 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.