RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 November 2007
	DOCKET NUMBER:  AR20070008251 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Kenneth L. Wright

Chairperson

Ms. LaVerne M. 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 that his records be corrected to show award of the Air Medal and the Purple Heart.

2.  The applicant states, in effect, that he was wounded on 18 February 1966 as shown on the morning report and he also received the Air Medal from General John Norton.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

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 military records show that he entered active duty 23 August 1965.  He served in the military occupational specialty (MOS) of 63H (Track Vehicle Repairer). 

3.  He served a tour with Company A, 2nd Battalion, 12th Cavalry, 1st Cavalry Division (Airmobile) and Headquarters Company, 2nd Battalion, 12th Cavalry,  
1st Cavalry Division (Airmobile) in the Republic of Vietnam during the period  
19 December 1965 to 16 December 1966.  He was honorably discharged on  
8 November 1968 after serving 3 years, 2 months, and 16 days of Net Service This Period.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Good Conduct Medal, National Defense Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and 2 Overseas Service Bars.  However, it does not show the Air Medal or the Purple Heart.

5.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number  
1152, dated 19 March 1967 shows that the applicant was awarded the Air Medal.

6.  Item 40 (Wounds) of the applicants Enlisted Qualification Record shows the entry "Frag L/Leg, stomach 18 Feb 66."

7.  A review of the Republic of Vietnam Casualty Roster does not show the applicant's name listed among those wounded.  However, a review of the morning report that is dated 18 February 1966 contains the entry " from duty to hospital Headquarter Company, 15th Medical Battalion this station, slightly wounded fragmentation wound of left leg and stomach at 'Jong Soo' RVN (Republic of Vietnam) 0730 hrs (hours) LD (Line of Duty) yes."

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 a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.

9.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July  
1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

11.  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 Vietnam Counteroffensive (25 December 1965 to 30 June 1966) and Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Air Medal and the Purple Heart.

2.  Orders show that the applicant was awarded the Air Medal.  Therefore, he is entitled to corrections of his records to show this award.

3.  Although, the applicant's name does not appear on the Republic of Vietnam Casualty Roster, the morning report contains an entry showing the applicant was slightly wounded by fragmentation wound to his left leg and stomach at Jong Soo Republic of Vietnam and he received medical treatment for that wound.  It is reasonable to assume that the applicant sustained his wound as a result of hostile action against enemy forces.  As such, it would be fair and equitable to grant his request for the Purple Heart.

4.  Evidence shows the applicant is entitled to award of the Vietnam Service Medal.  Therefore, he is entitled to correction of his records to show this foreign award.

5.  Evidence shows the applicant participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

___klw __  ____mjf__  ____lmd    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 and to waive failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show award of the Air Medal, Purple Heart for wounds sustained in the Republic of Vietnam on 18 February 1966, Vietnam Service Medal, and two bronze service stars to be affixed to his Vietnam Service Medal. 




_______Kenneth L. Wright______
          CHAIRPERSON




INDEX

CASE ID
AR20070008251
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071106
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.

2.

3.

4.

5.

6.