RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20070013983


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Bronze Star Medal (BSM) and the Purple Heart (PH).

2.  The applicant states these awards were omitted from his DD Form 214.

3.  The applicant provides: 

	a.  A copy of his DD Form 214 showing the Army Commendation Medal, National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and 2 Overseas Service Bars.

	b.  Pages 4 and 5 of an unidentified document detailing his experiences in Vietnam.

	c.  Pictures of an Armored Personnel Carrier (APC) with a track blown off and pictures of a Soldier standing next to an undamaged APC.

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 of the United Stated on 31 October 1969.  He was trained in, and awarded military occupational specialty (MOS) 11D (Armored Reconnaissance Specialist).  He served in Vietnam from on/about 12 May 1970 to on/about 11 June 1971 with A Troop, 1st Squadron, 1st Cavalry Regiment, 23rd Infantry Division.
3.  The applicant's DD Form 214 does not show he was awarded the BSM or PH.

4.  General Orders Number 05096, Headquarters, 23rd Infantry Division, dated 3 May 1971, awarded the applicant the BSM for meritorious service.

5.  There are no general orders in the applicant's records that show he was awarded the PH.

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds received.  Item 41 (Awards and Decorations) does not show award of the PH.

7.  The applicant's name is not shown on the Vietnam Casualty Roster.

8.  The applicant's medical records are not available.

9.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any PH orders on file for the applicant.

10  General Orders Number 4857, Headquarters, 23rd Infantry Division, dated 28 April 1971, awarded the applicant the Good Conduct Medal (GCMDL).

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  It also specifically provides that injuries or wounds caused by chemical agents not released by the enemy do not qualify for award of the Purple Heart.  This regulation further provides that there are no time limitations for requests for award of the Purple Heart. 

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 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 42, dated 1972.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests the addition of the BSM and PH to his DD Form 214.

2.  The applicant received orders awarding him the BSM and the GCMDL, which do not appear on his DD Form 214.  These awards should be added to that document.

3.  There is no evidence the applicant was wounded in Vietnam or awarded the PH.  There are no orders in his records, his name is not on the Vietnam Casualty List, ADCARS does not show an order awarding him the PH, and his DA Form 20 does not indicate he was ever wounded.  There is insufficient evidence to award the PH.  However, the applicant and all others concerned should 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.

4.  Department of the Army Pamphlet 672-3 indicates the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for his service with the 1st Cavalry Regiment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the BSM, the GCMDL for the period 31 October 1969 through 4 June 1971, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the PH.  



						XXX
      ______________________
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070013983



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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