RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070017293 


	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:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. Donald L. Lewy

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 that he was awarded the Purple Heart.  

2.  The applicant states that he sustained a combat wound while serving in the Republic of Vietnam.

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 5 April 1969; and

	b.  miscellaneous Department of Veterans Affairs (VA) documents pertaining to his disability.

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 record shows that he was inducted into the Army of the United States on 21 June 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) on 5 April 1969.


3.  The applicant’s record shows he served in the Republic of Vietnam during the period 5 April 1968 through 4 April 1969.  He was assigned to Company C, 5th Battalion, 12th Infantry, 199th Infantry Brigade. 

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 National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the Expert Infantryman Badge.  Item 24 does not show award of the Purple Heart.

5.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the entry “SHRAPNEL TO RIGHT ARM 27 OCT 68.” 

6.  There are no orders in the applicant's record to show he was awarded the Purple Heart; however, his name is shown on the Vietnam Casualty Roster under code "24" indicating he was wounded in action and that his wounds were not serious enough to require hospitalization.

7.  The applicant's record contains a Department of the Army message, dated 29 October 1968, stating that the applicant was injured by fragments to his right arm from a grenade that was thrown at a hut while he was on a clearing mission on 27 October 1968 and that he was treated at the battalion aid station.

8.  The applicant's records also contain a Western Union Telefax, dated 29 October 1968, informing the applicant's parents that he was slightly wounded in the Republic of Vietnam on 27 October 1968 as a result of hostile action when he received a fragment wound to his right arm while on a combat operation.

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 by military medical personnel, 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.  Review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.

11.  Headquarters, 199th Infantry Brigade, Special Orders Number 116, dated 25 April 1968; show the applicant was awarded the Combat Infantryman Badge.

12.  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 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

13.  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.

14.  Review of Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the Counteroffensive Phases IV, V, and VI, and the Tet 69 Counteroffensive, 1969 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.

15.  Headquarters, 5th Battalion, 12th Infantry, Special Orders Number 5, dated 9 January 1968, show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 6 January 1968.

16.  Headquarters, 2nd Brigade, Fort Ord, California, Special Orders Number 183, dated 13 October 1967 show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) on 21 September 1967.

17.  Headquarters, 2nd Brigade, Fort Ord, California, Special Orders Number 179, dated 5 October 1967 show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) on 13 September 1967.

18.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, 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 correction of his record to show award of the Purple Heart.

2.  Evidence of record shows that the applicant sustained a fragment wound to his right arm from a grenade as a result of hostile action in the Republic of Vietnam on 27 October 1968; that he was treated by military medical personnel; and that his treatment was made a matter of official record.  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 27 October 1968.  Therefore, there is sufficient evidence to overcome the absence of an order awarding the Purple Heart and to show that he is entitled to correction of his records to show this award.

3.  General Orders show the applicant was awarded the Combat Infantryman Badge during his service in the Republic of Vietnam.  This award is not shown on his records; therefore, he is entitled to correction of his records to show this award.

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 Unit Citation which are not shown on his record. Therefore, he is entitled to correction of his records to show this award.

5.  Special Orders show that the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, he is entitled to correction of his record to show these awards.  

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

7.  Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of two Overseas Service Bars.  Therefore, he is entitled to correction of his records to show these awards.



BOARD VOTE:

__lds___  __ecp___  __dll___  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.  issuing an order awarding the applicant the Purple Heart for wounds received in action on 27 October 1968 in the Republic of Vietnam; and 

	b.  showing award of the Purple Heart, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), two Overseas Service Bars, and four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.



							Linda D. Simmons
	______________________
          		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.