RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 December 2007
	DOCKET NUMBER:  AR20070010616 


	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. Richard T. Dunbar

Chairperson

Ms. Jeanette R. McCants

Member

Mr. Jerome L. Pionk

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 (PH) for wounds he received on 31 January 1968. 

2.  The applicant states, in effect, that he did not follow up on the award of the Purple Heart for injuries that occurred while serving in the Republic of Vietnam.  

3.  The applicant provides one witness statement in support of his application, which states, in pertinent part, that the witness served with the applicant in the 173rd Airborne Brigade (Separate).  He states that both he and the applicant were wounded on the morning of 31 January 1968 near the airport terminal at Tan Son Nhut Airbase in Saigon, Republic of Vietnam.  They were wounded after an enemy explosion rocked the airport terminal.

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 12 May 1965 for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 71B (Clerk Typist).  He was awarded the primary MOS of 11B (Light Weapons Infantryman) on 14 November 1967.  The highest rank he attained while serving on active duty was specialist four/pay grade E-4. 

3.  The applicant was assigned to the following units during his tour in the Republic of Vietnam:

	a.  Headquarters and Headquarters Company (HHC), 5th Special Forces Group (SFG) from 13 April 1967 to 18 May 1967;

	b.  Company C, 5th SFG from 19 May 1967 to 3 August 1967;

	c.  Troop E, 17th Cavalry, 173rd Airborne Brigade from 4 August 1967 to 9 December 1967; and,

	d.  HHC, 17th Cavalry, 173rd Airborne Brigade from 10 December 1967 to 28 March 1968.

4.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not contain any entries indicating that the applicant received any wounds.  

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

6.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 with an effective date of 1 April 1968, which he authenticated in his own handwriting, does not show the award of the Purple Heart.

7.  On 1 April 1968, the applicant was released from active duty due to the expiration of his term of service.  He had completed 2 years, 10 months, and 20 days of net active service that was characterized as honorable.  He was transferred to the United States Army Reserve Control Group (Reinforcement).

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.  There are no military medical records available for the Board to review with this application. 

11.  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 during the time of the applicant’s assignment to HHC and Company C, 5th SFG, the units received the following unit awards:

       a.  the Presidential Unit Citation for the period 1 November 1966 to 31 January 1968, based on Department of the Army General Order (DAGO) 45, dated 1969;

	b.  the Meritorious Unit Commendation for the period 31 January 1968 to 31 December 1968, based on DAGO Number 70, dated 1969; 

       c.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 October 1964 to 17 May 1969, based on DAGO Number 59, dated 1969; and

	d.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period January 1968 to 24 September 1970, based on DAGO Number 48, 1971. 

12.  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 Vietnamese Counteroffensive Phase II (1 July 1966 - 31 May 1967), Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968), and the Tet Counteroffensive (30 January 1968 - 1 April 1968) 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.

13.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.

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 by military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was wounded in the Republic of Vietnam on 31 January 1968 and that he is entitled to award of the Purple Heart.  The applicant's military personnel records do not contain orders awarding the Purple Heart nor does his DD Form 20 contain any entry showing he was wounded.  His name is also not listed on the Vietnam Casualty Roster. 

2.  Based on the applicant's service with HHC and Company C, 5th SFG, he is authorized the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

3.  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 already-awarded Vietnam Service Medal 

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__  __JRM  _  __RTD__  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 and recommends denial of so much of the application that pertains to the award of the Purple Heart.

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 DD Form 214 with a separation date of 1 April 1968 
of the individual concerned to show the Presidential Unit Citation, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars to be affixed to his already-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.




____Richard T. Dunbar____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
20071220
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.