RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  04 April 2008
	DOCKET NUMBER:  AR20070016654 


	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.




Director



Analyst

The following members, a quorum, were present:



Chairperson



Member


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 two Purple Hearts and the Air Medal (AM). 

2.  The applicant states, in effect, that he should be awarded the Purple Heart for injuries received at the hand of the enemy while in the Republic of Vietnam (RVN).  He also states that the unit to which he was assigned converted to a ready reactionary air assault unit and he was told the members qualified for combat wings which he did not receive.

3.  The applicant provided a copy of his DD Form 214 (Armed Forces of the United States) and 8 pages of DA Forms 1594 (Daily Staff Journal or Duty Officer’s Log) 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 DD Form 214 shows he was inducted into the Army of the United States on 29 March 1966.  He was awarded the military occupational specialty (MOS) Light Weapons Infantryman (11B).  The highest rank he attained while serving on active duty was Specialist (SP4). 

3.  The applicant requested correction of his records to show award of the Air Medal.  There is no order or other evidence authorizing award of this decoration to the applicant.  In the absence of a proper award authority for this decoration, the applicant may request award of the Air Medal under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.
4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the RVN from 27 September 1966 through 23 September 1967 and that during his RVN tour he was assigned to Troop C, 3rd Squadron, 4th Cavalry in MOS 11B, Rifleman. 

5.  Item 39 (Campaigns) of the applicant's DA Form 20 shows he participated in the Vietnam Counteroffensive Phase II Campaign.

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the National Defense Service Medal (NDSM), the Combat Infantryman Badge (CIB), the Vietnam Service Medal (VSM), the Republic of Vietnam Campaign Medal (RVNCM), the Bronze Star Medal, and two Overseas Service bars.  

7.  On 28 March 1968, the applicant was honorably discharged after completing a total of 2 years of active military service.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he earned the following awards during his active duty tenure:  the CIB, the NDSM, the VSM with 1 bronze service star, the RVNCM, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart.  Section 41 (Awards and Decorations) of the applicant's DA Form 20 does not show award of the Purple Heart.  Section 42 (Remarks) of the applicant’s DA Form 20 (Service Record) does not show any entries for wounds received.  

9.  The DA Forms 1594 submitted by the applicant show that Soldiers’ in the 3rd Squadron, 4th Cavalry sustained injuries while engaging the Viet Cong but no Soldier is listed by name on the DA Forms 1594.  

10.  The Vietnam Casualty Roster does not list the applicant as wounded by hostile forces.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in the available records which show the applicant sustained injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.

11.  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.

12.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was awarded the Valorous Unit Award (VUA) for the period 22 April 1966 through 31 July 967 by Department of the Army General Orders Number 43, dated 1972.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned
was cited for award of the Vietnam Gallantry Cross Unit Citation with Palm for the period October 1966 through 1 August 1967 by Department of the Army General Orders Number 3, dated 1970.

14.  Department of the Army Pamphlet 672-3 also shows that at the time of the applicant’s assignment to the 3rd Squadron, 4th Cavalry Regiment, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1996 to 1 August 1967 by Department of the Army General Orders Number 53, dated 1970.

15.  Army Regulation 600-8-22 provides, in pertinent part, that one bronze service star is authorized for each RVN campaign a member is credited with participating in while serving in the RVN.  Table B-1 contains a list of RVN campaigns, and it shows that during the applicant’s tenure of assignment, he participated in the Vietnam Counteroffensive Phase II and the Vietnam Counteroffensive Phase III campaigns. 

16.  Army Regulation 600-8-22 also provides that one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.






DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Purple Heart.

2.  The DA Forms 1594 submitted by the applicant do not show that he was injured while assigned to the RVN.  There are no general orders that show the applicant was awarded the Purple Heart.  There is no evidence in his service personnel records which show that he was wounded or injured as a result of hostile action or treated for such wounds.  The applicant is not listed on the Vietnam Casualty Roster.  In the absence of such evidence, there is an insufficient basis to grant award of the Purple Heart.

3.  General Orders Number 43, dated 1972, show the 3rd Squadron, 4th Cavalry Regiment was awarded the Valorous Unit Award which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his VSM.

5.  General Orders Number 3, dated 1970, show the 3rd Squadron, 4th Cavalry Regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on the applicants separation document.  Therefore, he is entitled to correction of his records to show this award.

6.  General Orders Number 53, dated 1970, show the 3rd Squadron, 4th Cavalry Regiment was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__PBF __  __ENA__  __JCR___   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 Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two bronze service stars to be affixed to his already awarded Vietnam Service Medal, and two Overseas Service Bars.

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 correction of the applicant’s records to add two Purple Hearts.  




___    Eric N. Andersen___
          CHAIRPERSON