RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 February 2008
	DOCKET NUMBER:  AR20070015107 


	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 he suffered a shrapnel injury to his left hand during combat operations in the Republic of Vietnam.  He was treated at a field hospital by a young combat medic for a 3 inch by 3 inch wound.  He further adds that he was too ashamed to ask for the Purple Heart because there were other more seriously wounded and more deserving Soldiers. 

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 records show that he enlisted in the Regular Army on 28 January 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 64B (Heavy Vehicle Driver).  The highest grade he attained during his military service was specialist four (SP4)/E-4.  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 2 September 1970.

3.  The applicant’s records further show that he served in the Republic of Vietnam during the period 10 July 1969 through 2 September 1970.  He was assigned to Headquarters and Headquarters Company, 4th Infantry Division.   

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 2 September 1970, shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal , the Combat Infantryman Badge, the Good Conduct Medal, two Overseas Service Bars, and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  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 records 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, 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 records indicates entitlement to additional awards that are not shown on his DD Form 214.

9.  Headquarters, 4th Infantry Division, General Orders Number 4685, dated 12 September 1970, shows the applicant was awarded the Army Commendation Medal for meritorious service in connection with combat operations against an armed hostile force from September 1969 to September 1970. 

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

11.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Summer-Fall, 1969; the Vietnam Winter-Spring, 1970; the DA Sanctuary; and the Vietnam Counteroffensive, Phase VII 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. 




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 3, dated 1970; and the Republic of Vietnam Civil Actions Honor Medal-First Class, based on Department of the Army General Orders Number 53, dated 1970.

13.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 107, dated 6 May 1969, shows the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60). 

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 records 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.  General Orders show that the applicant was awarded the Army Commendation Medal for meritorious service in connection with combat operations against an armed hostile force that is not shown on his records.  Therefore, he is entitled to correction of his records to show this award. 

4.  General Orders show the applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal-First Class which are not shown on his records.  Therefore, he is entitled to correction of his records to show these awards.

5.  Evidence of record shows 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 award of four bronze service stars to be affixed to his Vietnam Service Medal.



6.  Special Orders show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) that is not shown on his records.  Therefore, he is entitled to correction of his records to show this award. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jtm___  ___cd___  __rmn___  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 award of the Army Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and four bronze service stars to be affixed to his already issued Vietnam Service Medal.

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 award of the Purple Heart.





							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.