RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070010313 


	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 L. Engle

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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 for wounds received while in the Republic of Vietnam.

2.  The applicant states that he stepped on a booby trap and was hospitalized for 16 days.

3.  The applicant provides copies of his two Armed Forces of the United States Reports of Transfer or Discharge (DD Form 214), a Post Traumatic Stress Disorder Questionnaire, and a clinical Record Narrative Summary, United States Army Hospital, Fort George G. Meade, Maryland, dated 7 March 1972.

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.  On 5 December 1968, the applicant enlisted in the regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 62B1O (Engineer Equipment Repairman).
      
3.  On 23 June 1969, the applicant was assigned for duty as a wheel vehicle repairman with the 577th Engineer Battalion, in the Republic of Vietnam.

4.  On 17 October 1969, the applicant was discharged for the purpose of immediate reenlistment.  He had attained the rank of private first class, pay grade E3 and had completed 10 months and 13 days of creditable active service.




5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 17 October 1969, lists his awards as the National Defense Service Medal and the Vietnam Service Medal.  It does not show award of the Purple Heart. 

6.  On 18 October 1969, the applicant reenlisted for a new 3-year term of service. 

7.  On 21 October 1969, the applicant’s Primary MOS was changed to 95B2O (Military Policeman).

8.  On 23 October 1969, he was reassigned for duty as a military policeman with the Security Guard Company, in the Republic of Vietnam.

9.  On 13 June 1970, the applicant returned to the United States for assignment at Fort George G. Meade, Maryland.

10.  On 7 March 1972, the applicant presented himself to the United States Army Hospital at Fort George G. Meade, Maryland, complaining of pain to his left foot.  He provided a history of this illness, stating that he had an initial injury during September 1969, while in the Republic of Vietnam, where he stepped on a booby trap.  He further stated that he spent 16 days in the 8th Field Hospital in Nha Trang, and that his foot had never felt good since.  The applicant was admitted and underwent exploratory surgery which revealed an area of fibrosis between the 2nd and 3rd toes.  It was removed and sent to pathology.  On 14 March 1972, the applicant was discharged, feeling only minor discomfort and he was able to walk with only a minimal discomfort. 

11.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval (ADCAR) System showing that he was awarded the Purple Heart. 

12.  The applicant’s name is not listed on the Vietnam Casualty Roster.

13.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.

14.  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.  
15.  On 28 July 1972, the applicant was discharged under honorable conditions for unsuitability under the provisions of Army Regulation 635-212.  He had completed 3 years, 1 month and 14 days of creditable active duty.

16. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, effective 28 July 1972, lists his awards as the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal with “1960-“ Device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart. 

17.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

18.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following three campaign periods: the Vietnam Summer-Fall 1969, the Vietnam Winter-Spring 1970, and the DA Sanctuary Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

19.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

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.  The evidence provided by the applicant shows that he had surgery on his left foot; however, it does not provide substantiating evidence that this foot condition occurred in the Republic of Vietnam or that it was the result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  Records show that the applicant participated in three campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of three bronze service stars to be affixed to his Vietnam Service Medal.



3.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

4.  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

__JLP___  __WDP _  __DWS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include three bronze service stars to be affixed to his already awarded Vietnam Service Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.





_      William D. Powers _____
          CHAIRPERSON


INDEX

CASE ID
AR20070010313
SUFFIX

RECON
 
DATE BOARDED
20080110 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.0015
2.

3.

4.

5.

6.