RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 February 2008
	DOCKET NUMBER:  AR20070014942 


	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. Patrick H. McGann, Jr.

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Michael J. Flynn

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 records to show award of the Purple Heart.

2.  The applicant states that he was wounded in the Republic of Vietnam on 20 August 1970.  

3.  The applicant provided the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 2 September 1971.

	b.  Veterans Administration (VA) Form 10-9034 (Radiological Report), dated 18 June 2003.

	c.  DA Form 1594 (Daily Staff Journal or Duty Officer’s Log), dated 20 August (year unknown).

	d.  Self-authored statement, dated 12 October 2007.

	e.  Witness Letter, dated 26 June 200, addressed to the VA.

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 records show that he enlisted in the Regular Army on 17 January 1969 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).  Records further show that he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group on 2 September 1971.  The highest grade that the applicant held was sergeant/E-5.

3.  The applicant’s records show that he served in the Republic of Vietnam during the period 19 April 1970 through 27 August 1971.  He was assigned to C Troop, 1st Squadron, 11th Armored Cavalry Regiment. 

4.  Item 24 (Decoration, Medals, Badges, 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) shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Army Commendation Medal, the Vietnam Campaign Medal with 1960 Device, and the Sharpshooter Marksmanship Qualification Badge with Rifle Badge (M-14).  Item 24 does not show award of the Purple Heart.

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

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 Purple Heart.

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

8.  The applicant provided a copy of his VA Radiological Report, dated 18 July 2003. This report shows that “there is a piece of shrapnel in the soft tissue above the knee posteriorly on the right.”

9.  The applicant submitted a copy of the DA Form 1594 which shows radio communications that were logged in by the duty officer of the 1st Squadron,    11th Armored Cavalry Regiment on 20 August (year unknown). 

10.  In his self-authored statement, dated 12 October 2007, the applicant describes how his tank was hit by a land mine on 20 August 1970 and how he was injured but did not seek medical attention.

11.  The applicant also submitted a witness letter, dated 26 June 2000, and addressed to the VA.  The witness describes how the applicant was wounded on 20 August 1970 when the tank he was driving was hit by a mine. 

12.  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.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart. 

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

14.  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 8, dated 1974.

15.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; the Vietnam Counteroffensive, Phase VII; and the Consolidation I 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.

17.  Headquarters, United States Army Training Center and Fort Polk, Fort Polk, Louisiana, Special Orders Number 047, dated 24 February 1969; show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) on 19 February 1969.  

18.  Headquarters Fort Riley, Fort Riley, Kansas, Special Orders Number 55, dated 13 March 1970; show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 13 March 1970.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart for wounds received in the Republic of Vietnam.

2.  There are no general orders that show the applicant was awarded the Purple Heart, there is no evidence in his service personnel records which shows that he was wounded or injured as a result of hostile action or treated for such wounds, and the applicant's name is not listed on the Vietnam Casualty Roster.  In the absence of evidence that the he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.

3.  General Orders show the applicant was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records.  Therefore, he is entitled to correction of his records to show this award. 

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

5.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his records to show these awards.

6.  Evidence shows that the applicant’s records contain an 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

__phm___  __ecp___  __mjf___  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 an 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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Machinegun Bar   (M-60), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar      (M-16), and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

3.  The Board wants the applicant and all others concerned to 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.



						Patrick H. McGann, Jr.
______________________
          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.