RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070009368 


	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. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. John Meixell

Chairperson

Ms. Jeanette McCants

Member

Mr. Scott Faught

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 and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with a separation date of 27 December 1969 be corrected to show his proper Social Security Number (SSN).

2.  The applicant states, in effect, that he was slightly wounded in his shoulder and arm while serving in the Republic of Vietnam and that he did not require medical attention as the time of his injury.  He also states, in effect, that there is a typographical error on his DD Form 214 dated 27 December 1969, which shows an incorrect SSN.

3.  The applicant provides copies of his discharge document, his honorable discharge certificate, and his Infantry Officer Candidate Course diploma.

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 he enlisted in the Regular Army on 4 November 1966 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 11B (Light Weapons Infantryman).  He was discharged from the Regular Army on 21 January 1968 to accept an officer's commission.  He graduated from the Infantry Officer Candidate Course on 22 January 1968 and was commissioned in the United States Army Reserve (USAR).  The highest rank he attained while serving on active duty was first lieutenant/pay grade O-2.



3.  The applicant was assigned to the 5th Public Information (PI) Detachment from 19 May 1969 to 7 August 1969 and then he was reassigned to the 11th PI Detachment from 8 August 1969 to on or about 25 December 1969 in the Republic of Vietnam.

4.  On 27 December 1969, the applicant was relieved from active duty to attend civilian schooling.  He transferred to the USAR Control Group (Annual Training).  He had completed a total of 1 year, 11 months, and 6 days of net active service this period that was characterized as honorable.  

5.  The DD Form 214 the applicant was issued on 21 January 1968 when he was discharged to accept a commission shows the entry in item 3 (SSN) "522 XX XXXX."  The applicant's second DD Form 214 issued on 27 December 1969 when his was relieved from active duty and transferred to the USAR shows the entry in item 3 (SSN) "526 XX XXXX."  Records show the applicant's correct SSN is "522 XX XXXX."  The National Archives and Records Administration (NARA) corrected the applicant's separation document dated 27 December 1969 on 9 July 2007, when it published DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) which shows the entry in item 3 "522 XX XXXX."

6.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with a separation effective date of 27 December 1969, which he authenticated in his own handwriting, does not show award of the Purple Heart or the Expert Marksmanship Qualification Badge. 

7.  Item 21 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) does not show award of the Purple Heart.

8.  There are no general orders in the applicant's military service records awarding him the Purple Heart.

9.  The applicant's name does not appear on the Vietnam Casualty Roster.

10.  The applicant's records show that he is entitled additional awards, which he did not request and are not listed on his DD Form 214.

11.  Special Order Number 29, published by the U. S. Army Training Center (Air Defense) at Fort Bliss, Texas, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar on 29 January 1967.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that based on the time of the applicant’s assignment to the 5th PI Detachment, he is entitled to the Meritorious Unit Commendation for the period 1 August 1968 to 30 April 1970 based on Department of the Army General Orders (DAGO) Number 16, dated 1972.

13.  Department of the Army Pamphlet 672-3 shows that all units assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on DAGO Number 8, dated 1974.

14.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

15.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the Tet 69/
Counteroffensive, 1969 (23 February 1969 - 8 June 1969); Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969); and the Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

16.  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 by military medical personnel, and the medical treatment must have been made a matter of official record.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  There is no evidence in the available personnel and medical records to show that the applicant was injured while engaged with hostile enemy forces, and that he received medical treatment for such wounds.  The applicant has not provided any convincing evidence or compelling argument to show that he is entitled to award of the Purple Heart.  Therefore, there is insufficient evidence upon which to base award of the Purple Heart.

2.  General Orders show that the applicant's unit was awarded the Meritorious Unit Commendation Medal.  Therefore, he is entitled to have his records corrected to show this award.

3.  Records show the applicant qualified as an expert with his rifle.  Therefore, his records should be corrected to show award of the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant served in Vietnam during the period when all units assigned in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his previously awarded Vietnam Service Medal.  

6.  NARA corrected the applicant's SSN on 7 July 2007 when it published DD Form 215 correcting the applicant's DD Form 214 with the separation date of 27 December 1969.  Therefore, there is no action required by the Board as the typographical error was administratively corrected by NARA prior to the Board convening.  A copy of the DD Form 215 will be provided along with these proceedings.

7.  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

___JM___  __JM ___  __SF ___  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 awarding him the Expert Marksmanship Qualification Badge with Rifle Bar, Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




	_______John Meixell_________
          		CHAIRPERSON




INDEX

CASE ID
AR20070009368
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071129
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.