RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070016120 


	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.


CCM

Director

DTL

Analyst
      The following members, a quorum, were present:


PHM

Chairperson

JGH

Member

KSJ

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 that his records be corrected to show the award of the Purple Heart.

2.  The applicant states he was wounded by an enemy mine explosion outside of the Dragon Mountain Base Camp, therefore, he should have been awarded the Purple Heart.

3.  The applicant provides a copy of Standard Form 600 (Health Record, Chronological Record of Medical Care) and a letter from the American Legion dated 23 October 2007.

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 military personnel record shows he enlisted in the Regular Army on 8 November 1965.  He completed the necessary training and was awarded the military occupational specialty (MOS) 94B (Cook).

3.  He served with Company E and B, 4th Engineer Battalion, 4th Infantry Division in the Republic of Vietnam during the period 8 September 1966 to 9 April 1968.  He was honorably discharged from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on  
9 December 1968.  He served 3 years of Net Service This Period.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the awards of the Vietnam Service Medal with three bronze service stars and the National Defense Service Medal.  However, it does not show the award of the Purple Heart.
5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain any entry.

6.  The Standard Form 600 that the applicant submitted contains the entry 
"20 y.o. Spec in vehicle which hit land mine superficial abrasion and concussion, x-ray neg."  This document shows he was evaluated at the 81st Evacuation Hospital and treated by medical officer.

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 a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are injuries caused by enemy placed mine or trap and concussion injuries caused as a result of enemy generated explosions.

8.  A review of the applicant's records indicates entitlement to additional awards that are not shown in item 24 of his DD Form 214.

9.  Item 41 (Awards of Decorations) of the applicant's DA Form 20 shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows 4th Engineer Battalion, the unit to which the applicant was assigned, was cited for award of the Meritorious Unit Commendation based on Department of the Army General Orders Number  
42, dated 1968.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Republic of Vietnam Campaign Medal.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

13.  The applicant's records show that he was awarded the Vietnam Service Medal with three bronze service stars.  

14.  However, Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967); Vietnam Counteroffensive, Phase II (1 June 1967 to 29 January 1968); Tet Counteroffensive (30 January 1968 to 1 April 1968); and Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show the award of the Purple Heart.

2.  The Standard Form 600 that the applicant submitted shows he was evaluated and treated by a medical officer for superficial abrasion and concussion and the treatment was made a matter of record.  Therefore, he is entitled to correction of his records to show the Purple Heart.

3.  Evidence shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his records to show this award.

4.  Orders show the applicant is authorized the awards of the Meritorious Unit Commendation, Republic of Vietnam Campaign Medal, and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these awards.

5.  Evidence shows the applicant was assigned to the Republic of Vietnam during four campaigns.  Therefore, he is entitled to correction of his records to show four bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

__PHM __  __KSJ__  __JGH__   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 to show award of the Purple Heart, Meritorious Unit Commendation, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Marksman Marksmanship Qualification Badge with Rifle Bar, and four bronze service stars to be affixed to his Vietnam Service Medal.




      ___        PHM                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070016120



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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