RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  17 January 2008
	DOCKET NUMBER:  AR20070007877 


	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. Judy Blanchard

Analyst

The following members, a quorum, were present:


Mr. Hubert O. Fry

Chairperson

Mr. John T. Meixell

Member

Mr. Rowland C. Heflin

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, award of the Purple Heart.

2.  The applicant states, in effect, that his Purple Heart is not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 and a copy of the Purple Heart Certificate.

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 he was inducted into the Army of the United States on 27 September 1965.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 91B (Medical Specialist). The highest rank he attained while serving on active duty was Specialist Four (SP4), pay grade E-4. 

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that he served in the Republic of Vietnam (RVN) during the period from 4 March 1966 through 19 March 1967, and that during his RVN tour he was assigned to the
4th Battalion, 23rd Infantry, 25th Infantry Division, performing duties as a Company Aidman.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the following awards during his active duty tenure:  the National Defense Service Medal, the Combat Medical Badge, the Bronze Star Medal, the Republic of Vietnam Campaign with Device (1960), and the Marksmanship Qualification Badge with Rifle Bar (M-14).  
5.  On 26 September 1967, the applicant was honorably released from active duty after completing a total of 2 years of active military service.  The DD Form 214 he was issued shows that he also earned the Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Item 24 (Decorations, 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. 

7.  Section 41 (Awards and Decoration) of the applicant's DA Form 20 does not show award of the Purple Heart. 

8.  The applicant submitted a Purple Heart Certificate, which shows the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 11 May 1966.

9.  The Vietnam Casualty Roster list the applicant as being wounded by hostile forces on 11 May 1966.  

10.  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. 

11.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by Department of the Army General Orders Number 48, dated 1971.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit, to which the applicant was assigned, was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period April 1966 through August 1968 by Department of the Army General Orders Number 51, dated 1971.
14.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.  The applicant's records indicate he participated in the Vietnam Counteroffensive and the Vietnam Counteroffensive Phase II campaigns. 

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in two campaigns during his tour in Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 4 March 1966 to 19 March 1967.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of a Purple Heart as a result of injuries sustained while in Vietnam.

2.  Neither the applicant’s service record nor his separation document shows that he was awarded the Purple Heart.  However, the Vietnam Casualty Roster lists the applicant as being wounded by hostile forces on 11 May 1966.  Therefore, his records should be corrected to show award of the Purple Heart for wounds received as a result of hostile actions on 11 May 1966.  

3.  General Orders show the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his record should be corrected to show this award.

4.  General Orders show the applicant is entitled to award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, his record should be corrected to show this award.

5.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his Vietnam Service Medal.


6.  Records show the applicant completed two periods of qualifying active federal service in the Republic Vietnam.  Therefore, he is eligible for award of two Overseas Service Bars and to have his records corrected to show this award.

BOARD VOTE:

___J____  ___RCH_  ___HOF_  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 showing award of the Purple Heart, the Vietnam Gallantry Cross with Palm Unit Citation, the Vietnam Civil Actions Honor Medal First Class Unit Citation, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and two Overseas Service Bars.




	______Hubert O. Fry_________
          		CHAIRPERSON





INDEX

CASE ID
AR20070007877
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080117
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
 GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.