RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070009220 


	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. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. Curtis Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Ms. 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 correction of his records to show award of the Purple Heart.

2.  The applicant states, in effect, that he should be awarded the Purple Heart.  While serving in Vietnam he was riding on an armored personnel carrier (APC).  It ran over a land mine and he sustained a shrapnel wound to his right leg.  Everyone on the APC was medically evacuated except him due to his concern for the others on the APC.  The applicant further states he recently had the shrapnel removed from his leg.

3.  The applicant provides a Veterans Affairs Nebraska-Western Iowa, Health Care System (VA NWIHS), Same Day Surgery/Procedure Discharge Instruction sheet, dated 30 March 2007; a six page VA NWIHS medical treatment record, dated 23 April 2007; and a VA NWIHS (Operation Report), dated 23 April 2007.

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 was inducted into the Army on 22 November 1967 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to A Company, 
5th Battalion, 60th Infantry, 9th Infantry Division on 12 May 1968.  He was transferred to A Company, 1st Battalion, 16th Infantry, 1st Infantry Division on or about 15 September 1968.  He was transferred to Security Guard Company Special Troops, U.S. Army Republic of Vietnam on or about 4 February 1969.  On or about 21 February 1969, he was transferred to Headquarters Company, U.S. Army, Vietnam.

4.  The applicant departed Vietnam on or about 2 May 1969 after being credited with participating in four campaigns.

5.  On 25 November 1969, the applicant was honorably released from active duty after completing 2 years and 4 days of creditable active service with no time lost. 

6.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 November 1969 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge (M-60 Machine Gun), the Sharpshooter Marksmanship Qualification Badge (M-14 Rifle), and two Overseas Bars.

7.  There are no general orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There also is no evidence in his service personnel records that shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  The applicant's name is not listed on the Vietnam Casualty Roster.  

8.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show the applicant was wounded, and item 41 (Awards and Decorations) does not show award of the Purple Heart.  

9.  The applicant's Army Medical Treatment Records are unavailable.  

10.  The applicant provides a VA NWIHS medical document, dated 23 April 2007. He indicated that while he was riding on an APC it hit a land mine.  He was thrown from the vehicle after receiving an injury to his leg.  Surgery was performed 38 years later and a small foreign body was removed from his right lower leg which appeared to be a piece of metal wire.

11.  Army Regulation 600-8-22 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, and the medical treatment must have been made a matter of official record. 





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 that, at the time of the applicant’s assignment to the 5th Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1966 through June 1968 based on Headquarters, Department of the Army General Orders Number 43, dated 1970.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 5th Battalion, 60th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 based on Headquarters, Department of the Army General Orders Number 59, dated 1969.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 16th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 through 7 April 1970 based on Headquarters, Department of the Army General Orders Number 59, dated 1969.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 16th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 
12 June 1965 through 16 October 1968 based on Headquarters, Department of the Army General Orders Number 21, dated 1969.

16.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation will be worn by any individual.  Although multiple awards of this citation badge may not be worn, official military personnel and historical records will indicate all awards received.

17.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence, that shows his injury was a result of hostile action.  The VA NWIHS medical document submitted by the applicant indicates that he was injured after his APC hit a land mine while in serving in Vietnam.  The document shows that 38 years after his separation from active duty a small foreign body was removed from his right leg.  Unfortunately, the document is insufficient evidence that the injury was sustained as a result of hostile action.

2.  Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case

3.  The applicant was assigned to two separate units during two periods of time each unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Although he may wear only one Republic of Vietnam Gallantry Cross with Palm Unit Citation his DD Form 214 should be amended to add all these awards.

4.  The applicant’s participation in four campaigns entitles him to four bronze service stars to be worn on his Vietnam Service Medal.

5.  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

__CG ___  __JRS __  __QAS__  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 errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the DD Form 214 for the period ending 
25 November 1969 of the individual concerned to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards), and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.




___ Curtis Greenway _
          CHAIRPERSON




INDEX

CASE ID
AR20070009220
SUFFIX

RECON

DATE BOARDED
15 JANUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.
107.0015.0000
2.

3.

4.

5.

6.