RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 February 2008
	DOCKET NUMBER:  AR20070013693 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Ms. Kathleen A. Newman

Chairperson

Mr. Jose A. Martinez

Member

Ms. Susan A. Powers

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.

2.  The applicant states that his hospital records were probably filed under an erroneous social security number.

3.  The applicant provides his separation orders and his Army Commendation Medal orders.

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 was inducted into the Army on 18 October 1966.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 94A (Cook’s Helper).

3.  The applicant arrived in Vietnam and was assigned to Company A, 15th Medical Battalion, 1st Cavalry Division on 31 October 1967.  

4.  The applicant’s name is listed on the Vietnam Casualty Roster as being wounded in action on 1 February 1968, not serious, hospitalized.

5.  The applicant departed Vietnam on 7 October 1968 after being credited with participation in four campaigns.

6.  The applicant was honorably released from active duty on 9 October 1968.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Marksmanship Marksman Qualification Badge with Rifle bar, the Army Commendation Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), and two overseas services bars.

7.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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.

8.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.

9.  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 the 15th Medical Battalion, it was cited for award of the Meritorious Unit Commendation for the period 1 June 1967 through 31 May 1968 by Department of the Army General Orders (DAGO) Number 28, dated 1969.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 15th Medical Battalion, it was cited for a second award of the Meritorious Unit Commendation for the period 1 June 1968 through 30 November 1969 by DAGO Number 2, dated 1971.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 15th Medical Battalion, it was cited for award of   the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period      9 August 1965 through 19 May 1969 by DAGO Number 59, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to Company A, 15th Medical Battalion, it was cited for award of the Valorous Unit Award for the period 1 through 31 October 1967 by DAGO Number 39, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Roster shows that the applicant was wounded in action on 1 February 1968 and hospitalized for his wounds.  He therefore met the eligibility criteria for award of the Purple Heart.

2.  The applicant was credited with participation in four campaigns.  His DD Form 214 should be amended to show he was awarded the Vietnam Service Medal with four bronze service stars.

3.  The applicant was assigned to the 15th Medical Battalion during a period of time it was twice cited for award of the Meritorious Unit Commendation and once cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  In addition, he was assigned to Company A, 15th Medical Battalion during a period of time it was cited for award of the Valorous Unit Award.  These four unit awards should be added to his DD Form 214.

BOARD VOTE:

__kan___  __jam___  __sap___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

     a.  awarding him the Purple Heart for wounds received on 1 February 1968; and

     b.  amending his DD Form 214 to add the Purple Heart, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, two awards of the Meritorious Unit Commendation, and to show he is eligible to wear four bronze service stars on his already-awarded Vietnam Service Medal.  




__Kathleen A. Newman__
          CHAIRPERSON




INDEX

CASE ID
AR20070013693
SUFFIX

RECON

DATE BOARDED
20080212
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015
2.

3.

4.

5.

6.