RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070009613 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Scott W. 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 award of the Purple Heart.

2.  The applicant states that, while serving as a weapons noncommissioned officer aboard a river patrol boat, he came under enemy fire from Viet Cong on the river bank.  As they made several attacks to suppress enemy fire, he as well as several other personnel was slightly wounded.  Afterwards, they proceeded upriver to Long Binh and were treated for minor shrapnel wounds and returned to duty.  

3.  The applicant provides a self-authored statement.

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 enlisted in the Regular Army on 20 February 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to the 1st Battalion, 2d Infantry on 10 March 1968.  He was reassigned to Company C, 87th Infantry on 20 January 1969.  He departed Vietnam on or about 28 September 1969 after being credited with participation in six campaigns.

4.  The applicant was honorably released from active duty on 30 September 1969.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show he was awarded the Purple Heart.  Item     40 (Wounds) does not show he was wounded.  There are no Purple Heart orders in his records.

6.  The applicant’s name appears on the Vietnam Casualty Roster as being wounded in action on 27 February 1969, not serious, not hospitalized.

7.  Army Regulation 600-8-22 (Military Awards) states 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.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  This regulation also provides, in pertinent part, that a silver service star is authorized in lieu of five bronze service stars. 

9.  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 1st Battalion, 2d Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through       16 October 1968 by Department of the Army General Orders (DAGO) Number 21, dated 1969.

10.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 1st Battalion, 2d 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 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record to show that the applicant was awarded the Purple Heart; however, his name is listed on the Vietnam Casualty Roster as being wounded in action on 27 February 1969.  Therefore, it would be appropriate to award him the Purple Heart for those wounds, and this award should be added to his DD Form 214.

2.  The applicant was credited with participation in six campaigns while in Vietnam.  His DD Form 214 should be amended to show he was awarded the Vietnam Service Medal with one silver service star and one bronze service star.
3.  The applicant was assigned to a unit during a period of time that 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.  Therefore, these unit awards should be added to his DD Form 214.

BOARD VOTE:

__jtm___  __jrm___  __swf___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  awarding him the Purple Heart for wounds received on 27 February 1969; and

     b.  amending his DD Form 214 to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and by showing he is eligible to wear the Vietnam Service Medal with one silver service star and one bronze service star.




	_John T. Meixell______
          		CHAIRPERSON




INDEX

CASE ID
AR20070009613
SUFFIX

RECON

DATE BOARDED
20071129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015
2.

3.

4.

5.

6.