RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070016566 


	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. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Mr. Gerald J. Purcell

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

2.  The applicant states, in effect, that he received the Purple Heart for shrapnel wounds he received on 30 March 1969 when his company was caught in an ambush; however, the paperwork for his award of the Purple Heart was overlooked due to the battles and location.

3.  The applicant provides a copy of DD Form 1380 (U.S. Field Medical Card) dated 30 March 1969.

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 was inducted into the Army of the United States on 23 May 1968.  He completed all the necessary training and was awarded the military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).  

3.  He served with Company A and E, 3rd Battalion, 12th Infantry, 4th Infantry Division during the period 14 November 1968 to 25 October 1969 in the Republic of Vietnam.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) St. Louis, Missouri on 
22 May 1970.  He had completed 2 years of Net Active Service This Period.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal, Combat Infantryman Badge, Marksman Marksmanship Qualification Badge with Pistol Bar, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  A review of the Republic of Vietnam Casualty Roster does not show the applicant's name listed among those wounded.  

6.  The U.S. Field Medical Card dated 30 March 1969, shows he was seen by a medical officer, but the nature of the shrapnel wound to the back of his neck was not recorded nor was he treated for the wound.  On 2 March 1970, the applicant was seen by a medical officer at the dispensary at Foot Hood, Texas for plugged ears, fragments in his neck and headaches.  However, the medical officer noted that "on left neck small surface fragment in neck, doubt if origin of H.A." 

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.

8.  A Review of the applicant's records indicates entitlement to additional awards and decorations not shown in item 24 of his DD Form 214.

9.  Headquarters, 4th Infantry Division General Orders Number 6557 dated  
30 October 1969 awarded the applicant the Army Commendation Medal (ARCOM) for meritorious service for the period November 1968 to November 1969.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time when the applicant was separated, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.

11.  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 3rd Battalion, 12th Infantry,  
4th Infantry Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number  
52, dated 1971 and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Order Number 53, dated 1970.

12.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 shows only two bronze service stars indicating campaign credit.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969); and Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969).  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.  While the evidence submitted by the applicant shows he sustained a shrapnel wound in Vietnam, there is no evidence to show this wound was the result of hostile action while engaging the enemy.  Therefore, he is not entitled to correction of his records to show the Purple Heart.

3.  Orders show that the applicant was awarded the ARCOM.  Therefore, he is entitled to correction of his records to show this award.

4.  Records show he is authorized the first award of the Army Good Conduct Medal for the period 23 May 1968 to 22 May 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore he is entitled to correction of his records to show this award.

5.  Evidence shows that, while the applicant was assigned to 3rd Battalion, 
12th Infantry, 4th Infantry Division, the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  Therefore, the applicant is entitled to correction of his record to show these foreign unit awards.

6.  Evidence shows the applicant was credited with participating in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to correction of his record to show three bronze service stars to be affixed to the Vietnam Service Medal.

7.  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

__RMN__  __GTP__  __RTD___  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 award 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 to show the awards of the ARCOM; Army Good Conduct Medal first award for the period  
23 May 1968 to 22 May 1970; Republic of Vietnam Gallantry Cross with Palm Unit Citation; Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation; and three bronze service stars to be affixed to his 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.




____Richard T. Dunbar____
          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.