RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2008
	DOCKET NUMBER:  AR20070016550 


	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. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. James B. Gunlicks

Chairperson

Mr. Donald W. Steenfott

Member

Mr. Roland S. Venable

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 Report of Separation from Active Duty (DD Form 214) to show award of the Purple Heart.

2.  The applicant states, in effect, that while transporting medical supplies and equipment he encountered a bridge had been destroyed by the enemy, stopping the transport.  It was raining heavily and it was night.  The applicant crawled under his truck to stay dry and fell asleep.  He awoke with a sore elbow and discovered that a rat had been biting him.  He immediately moved into the truck and bandaged his wound.  Later he underwent a series of rabies shots and was informed that he was being put in for a Purple Heart because he was under combat conditions at the time of his wound.   At the time, the applicant did not feel he deserved the award.  Now, 40 years later, he realizes that he should have accepted the Purple Heart because it would have helped him qualify for Department of Veterans Affairs benefits. 

3.  The applicant provides copies of his DD Form 214; DD Form 215, Correction to DD Form 214; and extracts of his military medical records showing his treatment for the rat bites.

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.  On 29 January 1957, the applicant entered the Regular Army.  He completed his initial training and was awarded military occupational specialty 910.00 (Medical Specialist).

3.  The applicant served two tours of duty in the Republic of Vietnam, from 
5 November 1965 to 30 October 1967; and from 19 March 1971 to 10 February 1972.
4.  The medical records, provided by the applicant, show that he was bitten by a rat on or about 14 February 1967.  During the period from 14 to 27 February 1967, the applicant underwent a series of rabies shots.

5.  The applicant’s name is not listed on the Vietnam Casualty Roster.

6.  The applicant’s Enlisted Qualification Record (DA Form 20) is not available for review.  

7.  Army Regulation 600-8-22 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.

8.  On 30 November 1977, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Retired Reserve). He had attained the rank of sergeant first class, pay grade E-7 and had completed 20 years, 10 months, and 2 days of creditable active duty.

9.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Bronze Star Medal with one Oak Leaf Cluster, Meritorious Service Medal, Army Commendation Medal, Army Good Conduct Medal (seven awards), Vietnam Service Medal, Combat Medical Badge, Expert Medical Badge, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Technician Service Medal Second Class [Probably a foreign award].  It does not show award of the Purple Heart. 

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

11.  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 following six campaign periods: the Vietnam Defense; the Vietnam Counteroffensive; the Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Vietnam Counteroffensive, Phase VII; and the Consolidation I.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  The evidence provided by the applicant shows that he was bitten by a rat and received medical treatment.   However, he did not receive this injury as a result of enemy action.  Therefore, the applicant's request for award of the Purple Heart should not be granted.

2.  Records show that the applicant participated in six campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.

3.  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

__ JBG __  __RSV __  __DWS _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 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 that, in addition to the awards shown on his DD Form 214, his authorized awards include one silver service star and one bronze service star to be affixed to his already-awarded Vietnam Service Medal.




___ James B. Gunlicks __
          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.