RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 March 2008
	DOCKET NUMBER:  AR20070017177 


	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. 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 correction of his records to show award of the Purple Heart and the Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device.

2.  The applicant states that the awards are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and that he would like these awards to be added so his children and grandchildren can see them when they look at his DD Form 214.

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 was inducted into the Army of the United States on 12 September 1966.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank and 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 22 November 1968. 

3.  The applicant’s records show he served in the Republic of Vietnam during the period 26 February 1967 to 24 February 1968.  He was assigned to Company B, 1st Battalion, 28th Infantry, 1st Infantry Division. 

4.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the Vietnam Service Medal, the National Defense Service Medal, the Republic of Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Service Bars.  Item 24 does not show award of the Purple Heart or the Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device.

5.  There are no General Orders in the applicant's records that show he was awarded the Purple Heart.  The applicant's medical records are not available for review with this case.

6.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.  

7.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “Frag wd Left Shoulder 29 Apr 67” indicating he sustained a fragment wound to his left shoulder on 29 April 1967. 

8.  The applicant's name is shown on the Vietnam Casualty Roster under code "23" indicating he was wounded in action and that his wounds not were serious enough to require hospitalization.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 further states that there is no time limit on submission of requests for award of the Purple Heart.

10.  Headquarters, 1st Infantry Division, General Orders Number 608, dated 24 January 1968, show that the applicant was awarded the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 29 November 1967.

11.  Headquarters, 1st Infantry Division, General Orders Number 820, dated 29 January 1968, show that the applicant was awarded the Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 3 December 1967. 
12.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

13.  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 21, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal-First Class, based on Department of the Army General Orders Number 53, dated 1970.

14.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Vietnam Service Medal.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Vietnam Counteroffensive, Phases II and III, and the TET Counteroffensive 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.

DISCUSSION AND CONCLUSIONS:

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

2.  Evidence of record shows that the applicant sustained a fragment wound to his left shoulder on 29 April 1967.  Evidence of record further shows that the applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 29 April 1967.  Therefore, there is sufficient evidence to show that he is entitled to award of the Purple Heart and correction of his records to show this award.

3.  General Orders show the applicant was awarded two awards of the Bronze Star Medal with “V” Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam.  These awards are not shown on his records; therefore, he is entitled to have his records corrected to show award of the Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device.

4.  General Orders awarded the applicant’s unit 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 have his records corrected to show these awards.

5.  Evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of three bronze service stars to be affixed to the Vietnam Service Medal.

BOARD VOTE:

__rtd___  __gjp___  __rmn___  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 by:

	a.  awarding the applicant the Purple Heart for wounds received in action on 29 April 1967 in the Republic of Vietnam; and

	b.  showing award of the Purple Heart, the Bronze Star Medal (1st Oak Leaf Cluster) with “V” Device, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal-First Class, and three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.




						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.