RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	 8 January 2008
	DOCKET NUMBER:  AR20070011027 


	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. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones

Chairperson

Ms. LaVerne Douglas

Member

Mr. Michael J. Flynn

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, that he be awarded the Purple Heart for a wound he received in Vietnam on 28 May 1971.

2.  The applicant states, in effect, that he was wounded in Vietnam on 28 May 1971, but did not receive the Purple Heart. 

3.  The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty), dated 29 November 1973; and a copy of Standard Form (SF) 600 (Chronological Record of Medical Care) in support of his request.

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 record shows he enlisted in the Regular Army on 11 July 1969.  He successfully completed basic combat training at Fort Dix, New Jersey, and advanced individual training at Fort Knox, Kentucky.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 31B, Field Radio Mechanic.  

3.  The applicant was promoted to pay grade E-4 on 25 January 1970.  He continued to serve until he was honorably discharged on 25 August 1970, for the purpose of immediate reenlistment, while serving in Vietnam.  He reenlisted on 26 August 1970.  He served in Vietnam from 20 April 1970 to 26 March 1972.  He served until he was discharged from active duty on 29 November 1973 under honorable conditions. 



4.  The applicant’s DD Form 214, dated 29 November 1973, shows he was awarded the Vietnam Service Medal, with five campaign credits (correctly known as 5 bronze service stars, which equate to one silver service star), the Army Commendation Medal; the Bronze Star Medal; the Republic of Vietnam Campaign Medal with Device (1960); the National Defense Service Medal; the Good Conduct Medal; the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14); the Expert Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). His DD Form 214 does not show any additional awards.

5.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations). 

6.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

7.  The applicant provided a copy of an SF 600 which shows he received a 
fragment wound to his left forearm on 28 May 1971, while serving in Vietnam.  
His wound was debrided and backed and he was to return daily for dressing change.  His SF 600 was authenticated by medical personnel, a SP5, in MOS 91B.  The applicant's records show that he was assigned to Company D,          1st Battalion, 77th Armor Regiment, 1st Brigade, 5th Infantry Division, on the date of his wound. 

8.  The applicant’s records contain a copy of Headquarters, 4th Infantry Division, General Orders Number 5774, dated 12 November 1970, which shows that he was awarded the Army Commendation Medal, for meritorious achievement, for the period from 10 October 1970 to 12 November 1970, while he served in Vietnam.  This award is shown on his DD Form 214.

9.  The applicant's records contain a copy of Headquarters, 101st Airborne Division (Airmobile), General Orders Number 1053, dated 4 February 1972, which shows that he was awarded the Army Commendation Medal, for the period from June 1971 to February 1972, while he served in Vietnam.  This award is not shown on his DD Form 214.

10.  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. 
11.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 52, dated 1971, while he was assigned to the unit.  This unit award is not shown on the applicant's DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant received a fragment wound to his left forearm on 28 May 1971 while serving in Vietnam.  This evidence shows that his wound was treated by a medical person and the treatment was made a matter of official record; however, the applicant's name is not listed on the Vietnam Casualty List and there is no evidence to show his wound was the result of enemy or hostile action.  Therefore, this evidence is insufficient to approve award of the Purple Heart and correct his records to show this award. 

2.  The applicant's DD Form 214, with an effective date of 29 November 1973, shows he was awarded one award of the Army Commendation Medal.  The evidence shows he was awarded an additional award of the Army Commendation Medal (correctly known as the Army Commendation Medal, 1st Oak Leaf Cluster [OLC]) during the period June 1971 to February 1972; however, this award is not shown on his DD Form 214, dated 29 November 1973.  This evidence is sufficient as a basis for correction of his records to show the already-awarded Army Commendation Medal, 1st OLC.

3.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while he was a member of the unit.  He is, therefore entitled to correction of his records to show this 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

___LD___  __MF____  _FJ____  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 to correct his DD Form 214 to show that he was awarded 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 records of the individual concerned by adding the already-awarded Army Commendation Medal, 1st OLC, to his DD Form 214 and to show award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, to the applicant and to add this award to his DD Form 214.




____Frank C. Jones_________
          CHAIRPERSON




INDEX

CASE ID
AR20070011027
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080108
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
Y19731129
DISCHARGE AUTHORITY
AR  635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.