RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	14 November 2007  
	DOCKET NUMBER:  AR20070009087 


	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.


x

	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, that he be awarded a second Purple Heart, in effect, the Purple Heart, with oak leaf cluster, and that it be added to his DD Form 214, Armed Forces of the United States Report of Transfer or Discharge.

2.  The applicant states, in effect, that he feels he was not awarded the second Purple Heart due to a clerk's misuse of words.  He found this out due to a release of information from the Department of Veterans Affairs (VA), St. Petersburg, Florida.  Before this, he only wondered why he never received a Purple Heart.

3.  In an addendum to his DD Form 149, Application for Correction of Military Records, the applicant states he was wounded on 18 July 1968 while on a helicopter assault in the Bien Hoa Province.  His company, Company B, 2nd Battalion, 3rd Infantry Regiment, 199th Light Infantry Brigade, became involved in a firefight.  A bullet hit a grave stone he was partially concealed behind.  It ricocheted up and split his helmet apart and also split his scalp.  He was taken to a safe area, was placed on a helicopter, was extracted from the combat zone, was flown to the battalion rear area, where he was met by a senior noncommissioned officer and the clerk who drove him to the battalion aid station.  He was treated and stitched up and was told to come back in the morning.  He overheard the senior noncommissioned officer tell the doctor he [the applicant] had been involved in a fire fight.  He feels the clerk used the wrong terminology to describe the actual event.

4.  In support of his application, the applicant submits a copy of a Standard Form (SF) 600, Chronological Record of Medical Care, and a copy of a SF 513, Clinical Record – Consultation Sheet.

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 8 March 1967.  He completed his basic combat training and his advanced individual training at Fort Jackson, South Carolina.  After completing all required training, he was awarded the military occupational specialty (MOS), 11B (Light Weapons Infantryman).

3.  The applicant served in Vietnam from 20 August 1967 through 16 August 1968.  While there, he served in Company A, Headquarters and Headquarters Company, and Company B, 2nd Battalion, 3rd Infantry Regiment, 199th Light Infantry Brigade.

4.  The applicant was honorably released from active duty, on 7 March 1969, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was separated in the rank/pay grade, Sergeant/E-5.  On the date he was released from active duty, he had completed 2 years active military service, with no days time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded:  the Army Commendation Medal, the Purple Heart, the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.  The Purple Heart, with oak leaf cluster, is not shown on his DD Form 214.

6.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, Enlisted Qualification Record, showing he was awarded the Purple Heart, with oak leaf cluster.

7.  There are no orders in the applicant's military personnel records awarding him the Purple Heart, with oak leaf cluster.

8.  On 31 May 1973, the applicant, through a VA adjudication officer, requested copies of Army medical records, for treatment related to a shrapnel wound to the left elbow, a head injury, and jungle rot he received while he served in Vietnam.  No indication was made on the request the head injury was received as a result of action against a hostile enemy.

9.  On 3 August 1973, the applicant, through a VA adjudication officer, requested copies of Army medical records, for treatment he received while he served in Vietnam, related to the head injury.  Again, the head injury was not identified as having been caused as a result of action by the enemy.

10.  The applicant's name appears on the Vietnam Casualty Listing; however, it appears only once.  The applicant's name appears on this listing and is shown to have been, "Wounded in action - not serious - not hospitalized" on 28 October 1967.  No entry appears for a wound he might have sustained on 18 July 1968.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following four campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968; the Tet Counteroffensive, which extended from 30 January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which extended from 2 April through 30 June 1968; and the Vietnam Counteroffensive, Phase V, which extended from 1 July through 1 November 1968.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit the applicant was assigned to was awarded the Valorous Unit Award, for the period 31 January through 19 February 1968, by Department of the Army General Order (DAGO) Number 48, dated 1968; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 19 June 1968 through 31 July 1970, by DAGO Number 51 dated 1971; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 12 December 1966 through 31 August 1970, by DAGO Number 31, dated 1971.  The applicant was assigned to the unit at the time it was cited for these unit awards.

14.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle], in Special Orders Number 100, Paragraph 5, published by Headquarters, 1st Training Brigade, Fort Jackson, South Carolina, on 3 May 1967.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16.  The applicant was awarded the Good Conduct Medal, for the period 8 March 1967 to DOSOA (date of separation on or about) 7 March 1969, by General Orders 19, Headquarters, US Army Combat Developments Command, Experimentation Command, Fort Ord, California, dated 5 February 1969.  This award is not shown on the applicant's DD Form 214.

17.  The SF 600, the applicant submitted has an entry dated 18 July 1968 which states in part, "pt was involved in a tussle (emphasis added) and required 4 sutures 5 - 0 nylon to forehead.  1/2 cc Tetanus Toxoid.  Return in A.M. for X-Rays."  There is no indication on this form the applicant's injury was sustained as a result of an encounter, or firefight, with the enemy.

18.  The copy of the SF 513, the applicant provided shows he was being processed for separation from service at his ETS (expiration of his term of service).  He complained of photophobia, nausea and headaches due to a history of head trauma.  There is no indication on this form that the applicant's injury was sustained as a result of an encounter, or firefight, with the enemy while he served in Vietnam.

19.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

20.  AR 670-1, in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States.  One overseas service bar is authorized for each six-month period served in the Republic of Vietnam.  To calculate the entitlement, both the month of a Soldier's arrival in and month of his departure are counted as a whole month no matter the number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

2.  The evidence shows the applicant was involved in a tussle and not in a firefight.  On 31 May 1973 and on 3 August 1973, the applicant, through a VA adjudication officer, requested copies of Army medical records, for treatment he received while he served in Vietnam, related to shrapnel wound to the left elbow, a head injury, and jungle rot.  In neither of these requests did he mention the head injury was related to or was a wound inflicted by the enemy.

3.  In his present application, the applicant now states the clerk used the wrong choice of words when he wrote the word "tussle" in the SF 600 and, it was actually meant to be, "firefight."

4.  The applicant's name does not appear on the Vietnam Casualty Listing for a wound that he may have received on 18 July 1968.  The applicant's name does appear on the Vietnam Casualty Listing for the wound he sustained on 28 October 1967 for which he was awarded the Purple Heart.  There were no entries made in his service personnel records to show he was wounded as a result of hostile action and no orders were published to award him the Purple Heart for a wound he may have received on 18 July 1968.

5.  Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart, with oak leaf cluster, and to have it added to his DD Form 214.

6.  The applicant served in four campaigns while he served in Vietnam.  He is therefore entitled to award of the Vietnam Service Medal, with four bronze service stars, as opposed to the Vietnam Service Medal now shown on his DD Form 214.

7.  The applicant served in a unit, which was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

8.  The applicant earned the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar.  This badge is not shown on the applicant's DD Form 214.  He is entitled to have this badge added to his DD Form 214.

9.  The applicant served in Vietnam from 20 August 1967 through 16 August 1968.  Since both the month of arrival and the month of departure are counted in determining the number of overseas service stripes to award, the applicant is therefore entitled to award of two overseas service bars and to have these bars added to his DD Form 214.

10.  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

__x__  __x____  __x___  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 by:

	a.  awarding the applicant the Vietnam Service Medal, with four bronze service stars, and adding this award to his DD Form 214;

b.  awarding the applicant; the Valorous Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit awards to his DD Form 214; 

	c.  awarding the applicant two overseas service bars and adding these bars to his DD Form 214; and 

	d.  adding the already-awarded Sharpshooter Marksmanship Qualification Badge, with Rifle Bar, to the applicant's DD Form 214.




_____x_____
          CHAIRPERSON




INDEX

CASE ID
AR20070009087
SUFFIX

RECON

DATE BOARDED
20071114
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
Denial with Admin Correction
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.
107.0015
3.

4.

5.

6.