RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070014160 


	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. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Carmen Duncan

Member

Ms. Rea M. Nuppenau

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 during his service in the Republic of Vietnam he was shot in the left leg and that the same projectile exited his left leg and entered the right leg.  He was never awarded the Purple Heart for those wounds.

3.  The applicant did not provide any additional documentary evidence in support of his application.  

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 was inducted into the Army of the United States on 10 August 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) on
15 January 1972.

3.  The applicant’s record further shows that he served in the Republic of Vietnam during the period 11 January 1971 through 15 January 1972.  He was assigned as a gunner with Company C, 54th Infantry. 

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 15 January 1972, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and two Overseas Service Bars.  Item 24 of his DD Form 214 does not list award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains a blank entry.

6.  There are no General Orders in the applicant's record that show he was awarded the Purple Heart and the applicant’s name is not shown on the Vietnam Casualty Roster.

7.  Army Regulation 600-8-22 (Military Awards) 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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

8.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  Item 24 of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

10.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive Phase VII, the Consolidation I, and the Consolidation II campaigns during his tour of duty in the Republic of Vietnam. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and that one silver service star is worn instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart.  

2.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his record that shows he was wounded or injured as a result of hostile action or treated for such wound and the medical treatment was made a matter of official record.  The applicant's name is not listed on the Vietnam Casualty Roster.  Therefore, there is no evidence upon which to base award of the Purple Heart in this case. 

3.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to his Vietnam Service Medal.

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

__jtm___  __cd____  __rmn___  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 show award of 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 be corrected by
showing award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.


							John T. Meixell
______________________
          CHAIRPERSON
INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.