RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 December 2007
	DOCKET NUMBER:  AR20070010305 


	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. William D. Powers

Chairperson

Mr. Michael J. Flynn

Member

Ms. Sherry J. Stone

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 three awards of the Purple Heart.

2.  The applicant states that he was injured/wounded three times in Vietnam – all during incoming rocket attacks.  One injury resulted in blood poisoning and put him in the hospital.  He does not know how long he was hospitalized as he is told all his records have been lost.  He is not sure if any of the paperwork was ever filled out.  Their company clerk was a drunk.   He has been receiving disability for over 30 years as a result of his injury but no Purple Heart.

3.  The applicant states that when he first came back from Vietnam, the best way for him to deal with the things he experienced there was to try and forget them.  Also, the main thing he focused on at the time was the pain in his shoulders, which the doctors at the Department of Veterans Affairs hospital told him was the result of the blood poisoning that was caused by the shrapnel wound he got in 1969.  

4.  The applicant provides a Standard Form (SF) 180 (Request Pertaining to Military Records) and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 23 February 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 31S (Field General COMSEC (Communications Security) Repairman).


3.  The applicant arrived in Vietnam and was assigned to the 595th Signal Company on 12 May 1969.  He departed Vietnam on 4 April 1970.

4.  The applicant’s SF 88 (Report of Medical Examination), dated 8 December 1970, shows he had a scar on his right forearm the result of shrapnel wounds.  The form does not indicate how he received the shrapnel wounds.

5.  The applicant was honorably released from active duty on 13 January 1971.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal with device 1960, and the Expert Marksmanship Qualification Badge with Rifle Bar.

6.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show he was wounded.  His name is not listed on the Vietnam Casualty Roster.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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 a medical officer, and the medical treatment must have been made a matter of official record.

8.  U.S Army Vietnam Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

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 595th Signal Company, it was cited for award of the Meritorious Unit Commendation for the period 1 July 1968 through 31 December 1969 by Department of the Army General Orders Number 48, dated 1971.

10.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units 

during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s SF 88, dated 8 December 1970, shows he had a scar on his right forearm the result of shrapnel wounds, the form does not indicate how he received the shrapnel wounds (i.e., whether the result of an accident or the result of hostile action).  The applicant’s name is not listed on the Vietnam Casualty Roster.  Regrettably, there is insufficient evidence on which to base award of a Purple Heart.

2.  The applicant was assigned to a unit during a period of time that unit was awarded the Meritorious Unit Commendation.  Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards should be added to his DD Form 214.

3.  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

__wdp___  __mjf___  __sjs___  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 records of the individual concerned by adding the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.




__William D. Powers___
          CHAIRPERSON




INDEX

CASE ID
AR20070010305
SUFFIX

RECON

DATE BOARDED
20071211
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

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

3.

4.

5.

6.