RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070017284 


	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 that his records be corrected to reflect two awards of the Purple Heart (PH 1OLC). 

2.  The applicant states, in effect, that he was wounded twice in Vietnam and his DD Form 214 only reflects one award of the Purple Heart. 

3.  The applicant provides a copy of his Personnel Qualification Record (DA Form 2-1).   

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 enlisted on 31 July 1968 for a period of 3 years.  He completed his basic combat training at Fort Campbell, Kentucky and was transferred to Fort Sill, Oklahoma to undergo advanced individual training (AIT) as a cannoneer.  

3.  He completed his AIT and was transferred to Vietnam on 2 January 1969.  He was initially assigned to C Battery, 1st Battalion, 92nd Artillery Regiment for duty as a cannoneer.  He was advanced to the pay grade of E-3 on 15 January 1969.  
4.  On 3 April 1969, he was transferred to the Service Battery of his battalion for duty as a power generation equipment mechanic.  He remained in that position until 11 June 1969, when he was transferred to Headquarters and Headquarters Battery, 8th Battalion (Target Acquisition), 26th Artillery Regiment for duty as a radar crewman in military occupational specialty (MOS) 17B20.    

5.  On 7 July 1969, he sustained fragmentation wounds to the lower right leg and was reported as a casualty on 7 July 1969.  He was awarded the Purple Heart for that wound in General Orders Number 763 dated 22 July 1969 that was issued by Headquarters, I Field Force Vietnam Artillery.   

6.  The applicant was advanced to the pay grade of E-4 on 13 December 1969, was awarded MOS 17B20 on 13 December 1969 and departed Vietnam on 29 December 1969 for assignment to Fort Carson, Colorado. 

7.  On 12 May 1970, he was honorably discharged for the purpose of immediate reenlistment.  His DD Form 214 issued at the time of his discharge indicates that he was awarded the Purple Heart.

8.  On 13 May 1970, he reenlisted for a period of 6 years and a variable reenlistment bonus (VRB) in excess of $4,000.  He was promoted to the pay grade of E-5 on 16 July 1970.

9.  On 19 April 1971 he was transferred to Germany where he served until 14 April 1974 when he was transferred back to Fort Carson.  He remained at Fort Carson until he was honorably discharged due to the expiration of his term of service (ETS).  He had served 7 years, 9 months and 12 days of total active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Purple Heart, the Good Conduct Medal (2nd Award), and the Vietnam Service Medal with three bronze service stars.

10.  A review of the Vietnam Casualty Listing shows only one entry of his being reported as a casualty on 7 July 1969.

11.  A review of the applicant’s Enlisted Qualification Record (DA Form 20) shows a typewritten entry in item 20, under “WOUNDS” indicating that the applicant received “Frag wounds in the lower right leg” on 7 July 1969.  Item 20 also contains two handwritten ink entries indicating that the applicant received rifle wounds to the upper left and right shoulder on 13 August 1969.  It is noted that the term rifle wounds is inconsistent with the terminology usually used to describe gun shot wounds (GSW) in this block.

12.  A review of the available records fails to show any evidence, other than the handwritten entry on his DA Form 20, that the applicant was wounded on 13 August 1969.  There is no entry on the casualty listing and there are no medical documents in his records to support those entries.  Additionally, there are no orders awarding him the Purple Heart for wounds received in enemy action on 13 August 1969. 

13.  On 10 November 1976, the Reserve Component Personnel Administration Center notified the applicant that he was entitled to wear the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.  However, there is no indication that the award was ever added to his DD Form 214.

14.  A review of the applicant’s Personnel Qualification Record (DA Form 2-1) which superseded the DA Form 20, shows that all of the entries related to the applicant’s wounds were transposed to the DA Form 2-1 in permanent entries.

15.  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 medical personnel, and the medical treatment must have been made a matter of official record.
 
DISCUSSION AND CONCLUSIONS:

1.  While the applicant has provided a copy of his personnel records which contain the annotations that he was received rifle wounds to the left and right shoulders on 13 August 1969, those entries were originally handwritten entries that are inconsistent with the entries for a gunshot wound that are normally entered in official records.  Additionally, there is no evidence in the available records to show that he was treated for such injuries, that he was reported as a casualty or that he was awarded the Purple Heart for those wounds.  Therefore, in the absence of such evidence, there appears to be insufficient basis to add a second award of the Purple Heart to his records at this time.   

2.  However, his records do show that he was awarded the RVNGC w/Palm Unit Citation and he is therefore entitled to have that award added to his records at this time.  

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

__XXX __  __XXX__  __XXX__   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.

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 his award of the RVNGC w/Palm Unit Citation.

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 the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.






      ___        XXX                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070017284



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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