RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 14 November 2007 
	DOCKET NUMBER:  AR20070009025 


	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. Loretta D.Gulley

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawiy A. Sabree

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 he was wounded while assigned to the Republic of Vietnam (RVN) but did not receive the Purple Heart. 

3.  The applicant provided a copy of Standard Form 600 (Chronological Record of Medical Care) in support of his 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 enlisted in the Regular Army on 
17 August 1966.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he attained while serving on active duty was Specialist (E-4). 

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 3 February 1967 through
3 February 1970, performing duties in MOS 11B, Rifleman, and that during his RVN tour he was assigned to the 1st Battalion, 16th Infantry Regiment, 
1st Infantry Division.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Combat Infantryman Badge (CIB), Republic of Vietnam Campaign Medal (RVNCM) with “60” Device, the Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 
5.  On 15 August 1969, the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) after completing a total of 2 years, 11 months, and 29 days of active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows that he was awarded the VSM with 3 Bronze Service Stars.

6.  Section 41 (Awards and Decoration) of the applicant's DA Form 20 shows that the applicant participated in three campaigns during his service in Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive, Phase II, the Vietnam Counteroffensive, Phase III and the Vietnam Counteroffensive, Phase IV campaigns.  

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

8.  The SF Form 600, dated 10 June 1967, shows that the applicant was treated for infected shrapnel wound to his leg and returned to the 1st Medical Battalion.

9.  Section 40 (Wounds) of the applicant’s DA Form 20 (Service Record) does not show that the applicant was wounded while in the RVN.

10.  The Vietnam Casualty Roster does not list the applicant as wounded by hostile forces.  There is no evidence in the available records which show that the applicant sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

11.  A review of the applicant’s record 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 the 1st Battalion, 16th Infantry Regiment, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968
by Department of the Army General Orders Number 21, dated 1969.

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 the 1st Battalion, 16th Infantry Regiment, was cited for award of Civil Actions Honors Medal, First Class for the period Oct 1965 to 7 April 1970, by Department of the Army General Orders Number 53, dated 1970.

14.  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 1 July 1958 to 28 March 1973.  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 that he is entitled to correction of his records to show award of the Purple Heart.  

2.  There are no general orders that show 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.  In the absence of such evidence, there is insufficient basis to grant award of the Purple Heart in this case.

3.  General Orders show the 1st Battalion, 52nd Infantry, 198th Infantry Brigade Regiment was awarded the RVN Gallantry Cross with Palm Unit Citation, which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  General Orders show the 1st Battalion, 16th Infantry Regiment was awarded the RVN Civil Actions Honor Medal, First Class, which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

5.  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.

6.  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

__LDS___  ___CD__  __QAS __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice in award of the Purple Heart.  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 the RVN Gallantry Cross with Palm Unit Citation, the Civil Actions Honor Medal, First Class, and two Overseas Services Bars.




___ Linda D. Simmons __
          CHAIRPERSON






INDEX

CASE ID
AR20070009025
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/11/14
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY with note
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.

2.

3.

4.

5.

6.