RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  23 October 2007
	DOCKET NUMBER:  AR20070008892 


	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. Hubert O. Fry

Chairperson

Mr. William Blakely

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 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 although he lost his finger while engaged in combat in the Republic of Vietnam in July of 1970, he was never issued the Purple Heart.

3.  The applicant provides no additional 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 25 February 1969.  He completed basic combat training and advanced individual training.  Upon completion of advanced individual training, he was awarded the military occupational specialty 13A (Field Artillery Cannoneer).  The highest rank he attained while serving on active duty was specialist-four/pay grade E-4.  The applicant served a tour of duty assigned to Battery A, 2nd Battalion, 321st Artillery Regiment, 3rd Brigade of the 82nd Airborne Division and Battery B, 1st Battalion of the 27th Artillery Regiment in the Republic of Vietnam during the period 24 July 1969 through 23 July 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 a medical officer, and the medical treatment must have been made a matter of official record.

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

10.  Headquarters, United States Army Training Center, Fort Sill Special Orders Number 135, dated 18 June 1969 awarded the applicant the Marksman Marksmanship Qualification Badge with M-16 Bar for his qualification with the M-16 on 14 June 1969.

11.  Headquarters, II Field Force Vietnam Artillery General Orders Number 1050, dated 27 August 1970, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period of August 1969 to July 1970.

12.  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 document shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 April 1967 through 21 January 1970 by Department of the Army General Order Number 51, dated 1971.


13.  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.

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to award of the Purple Heart due to injuries he received during hostile action 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, dated 18 June 1969 awarded the applicant the Marksman Marksmanship Qualification Badge with M-16 Bar for his qualification with the 
M-16.  Therefore, the applicant is entitled to have his records corrected to show this qualification badge.

5.  General Orders, dated 27 August 1970 awarded the applicant the Army Commendation Medal.  Therefore, the applicant is entitled to have his records corrected to show this award.

6.  Department of the Army Pamphlet 672-3 shows the unit, to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 12 April 1967 to 
21 January 1970 by Department of the Army General Order Number 51, dated 1971.  Therefore, the applicant is entitled to have his records corrected to show this award.

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

8.  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

___HOF _  __WB___  __MJF __  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.

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 Marksman Marksmanship Qualification Badge with M-16 Bar, the Army Commendation Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




_____Hubert O. Fry______
          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.