RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 January 2008
	DOCKET NUMBER:  AR20070011928 


	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. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Mr. James E. Vick

Chairperson

Mr. Thomas M. Ray

Member

Mr. Jeffrey C. Redmann

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 that two additional awards of the Purple Heart be included on his Report of Transfer or Discharge (DD Form 214).

2.  The applicant states that his records indicate three hostile action wounds which were separate occurrences.  

3.  The applicant provides in support of his application a letter dated 27 July 2007, addressed to the Army Review Boards Agency in which he describes three incidents that he believes qualifies him for additional awards of the Purple Heart; a copy of his DD Form 214; a copy of a Department of Veterans Affairs Benefits Authorization; and a copy of General Orders Number 1049 dated 24 November 1969 awarding him the Army Commendation Medal with "V" Device.

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 17 June 1968, the applicant was inducted into the Army in Newark, New Jersey and he successfully completed his training as a combat engineer.  On 28 April 1969, he was transferred to Vietnam and he was assigned to Company C, 19th Engineer Battalion. 

3.  The applicant's Enlisted Qualification Record (DA Form 20) indicates that on 28 September 1969, he was a patient at 249th General Hospital in Vietnam.  However, his DA Form 20 fails to show the reason why he was hospitalized.





4.  United States Army Medical Detachment, Naval Hospital records dated 16 October 1969 indicate that the applicant entered the hospital with multiple fragment wounds to the abdomen.  During the examination, he stated that on 17 September 1969, he was hit by grenade fragments and evacuated to two different medical facilities.  He stated that he underwent surgery for penetrating fragments to the abdomen and he had a laceration of the small bowel and the right fifth finger.  He stated that two small lacerations to the bowel were repaired primarily.  He stated that he was then evacuated to Japan and then to the United States Army Medical Detachment, Naval Hospital for final care.  The attending physician noted that on admission, his physical examination was entirely normal except for a long well-healed suprapubic midline scar and numerous small fragment wounds to the anterior lateral left thigh.  The attending physician further noted that at the time of admission, all wounds were well healed and the applicant was asymptomatic.  The applicant was discharged back to full duty.

5.  The applicant's DA Form 20 indicates that he was assigned to Company B, 818th Engineering Battalion, Fort Benning, Georgia, on 21 November 1969.

6.  The available records show that on 24 November 1969, General Orders Number 1049 was published awarding the applicant the Army Commendation Medal with "V" Device, for heroism in connection with military ground operations against a hostile force in the Republic of Vietnam on 22 August 1969.  The orders indicate that although his hands were burned during the 3 hour fight, he continued to man his machine gun and lay down a heavy volume of fire on every known enemy target.

7.  On 16 June 1970, the applicant was honorably released from active duty (REFRAD) at the expiration of his term of service and he was transferred to the United States Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

8.  The DD Form 214 that he was furnished at the time of his REFRAD shows that he was awarded the National Defense Service Medal, One Overseas Service Bar, the Vietnam Service Medal with One Bronze Service Star, the Republic of Vietnam Campaign Medal with Device 1960, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), the Bronze Star Medal with "V" Device, the Purple Heart, and the Army Commendation Medal with "V" Device.

9.  A review of the Vietnam Casualty Roaster fails to show that the applicant was wounded in action while he was in Vietnam.

10.  The Department of Veterans Affairs (VA) Benefits Authorization form that the applicant submitted in behalf of his application indicates his VA adjudicated service-connected conditions as abdominal wounds, laceration of intestine with GI complaints, injury to his right fifth finger, scar on his left leg, and wounds on his left thigh.

11.  United States Army Vietnam (USARV) 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 will be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

12.  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 Company C, 19th Engineer Battalion, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was awarded the Purple Heart, his record is void of the specific incident for which the Purple Heart was awarded.

2.  His record shows that he sustained a number of injuries while he was in Vietnam.  However, it is unclear as to the dates of his injuries and whether or not his injuries were the result of one specific incident while he was in Vietnam.  Therefore, it is difficult at best to make a determination to award him additional awards of the Purple Heart and there appears to be no basis for granting the applicant's request.

3.  However, in accordance with United States Army Vietnam (USARV) Regulation 672-1, the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  Therefore, it would now be appropriate to correct his records to reflect this decoration.



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

__JEV__  __TMR__  __JCR___  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 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 to show that he was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




   ___James E. Vick     __
          CHAIRPERSON




INDEX

CASE ID
AR20070011928
SUFFIX

RECON

DATE BOARDED
20080122
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  61
107.0015/PURPLE HEART
3.  140
107.0094/RVGC W/PALM UNIT CITATION
4.

5.

6.