RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  15 January 2008
	DOCKET NUMBER:  AR20070011547 


	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. Curtis L. Greenway

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Qawiy Sabree

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  The applicant states that he received shrapnel wounds from an exploding mortar on or about 6 July 1968 while serving in the Delta area of the Republic of Vietnam.

3.  The applicant provides no additional documentation. 

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 15 November 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light weapons Infantryman).

3.  On 13 June 1968, the applicant was assigned for duty as a rifleman with the 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, in the Republic of Vietnam.  

4.  From 10 to 23 October 1968, the applicant served as a door gunner with the 1st Aviation Battalion.  On 24 October 1968, he was reassigned as a door gunner with the 61st Assault Helicopter Company.  He was returned to the United States on 3 April 1969.



5.  On 3 March 1971, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 6, for dependency hardship.  His service was characterized as honorable.  He had attained the rank of specialist four, pay grade E4 and had completed 2 years, 3 months and 1 day of creditable active duty.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It does not show award of the Purple Heart. 

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

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

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

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, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.

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

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 60th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 60, dated 1969 for award of the Presidential Unit Citation.  It was also cited in DAGO Number 31, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and in DAGO Number 59, dated 1969, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

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.  There is no evidence of record showing that he was wounded by the enemy.  The applicant has not provided any such evidence.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  The applicant’s unit was cited in general orders for award of the Presidential Unit Citation.  Therefore, his records should be corrected to show this unit award.

3.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, his records should be corrected to show these foreign unit awards.

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

__ QS___  _CLG _ _  __JRS        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 the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.





__ Curtis L. Greenway___
          CHAIRPERSON




INDEX

CASE ID
AR20070011547
SUFFIX

RECON
 
DATE BOARDED
20080115 
TYPE OF DISCHARGE

DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.