RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 April 2008
	DOCKET NUMBER:  AR20070017501 


	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:


M

Chairperson

M

Member

M

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 the Purple Heart.

2.  The applicant states, in effect, that he was wounded in the Republic of Vietnam (RVN) from a mortar attack.  He contends that he lost his hearing because a mortar went off near his head and that the Department of Veterans Affairs (DVA) has determined that his hearing loss is permanent.  He was treated in the field by a medic and nothing was ever recorded in his medical records.  He also contends he received shrapnel wounds to his foot and toes.  He believes his son deserves his Purple Heart because he [the applicant] has constant reminders of the RVN from the screams he hears in his head from post-traumatic stress disorder (PTSD) and from the ringing in his ears.

3.  The applicant did not provide additional documentary evidence in support of this 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.  On 17 October 1966, the applicant enlisted in the Regular Army for a period of 3 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 36K (Field Wireman).  He attained the grade of sergeant/E-5.  On 16 October 1969, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  On 16 October 1972, he was honorably discharged from the USAR upon completion of his statutory military obligation. 

3.  The applicant served in the RVN from 3 April 1967 through 1 April 1968.  He performed duties as a field wireman with Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry Regiment from 3 April – 2 June 1967.  He was then assigned to Headquarters, Headquarters and Service Battery, 1st Battalion, 21st Artillery, 1st Cavalry Division (Airmobile) performing duties as a message center clerk, radio teletype operator, and senior wireman.  On
15 August 1969, his primary MOS was changed to 63C (Senior Vehicle Repairman).

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.  The applicant authenticated his DD Form 214 with his signature.

5.  There are no medical records in the available military personnel file that show the applicant sustained wounds as a result of hostile action or that show he was treated for wounds sustained as a result of hostile action.  

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action.

7.  There are no general orders in the applicant’s record to show he was awarded the Purple Heart.  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.

8.  The applicant's name does not appear on the Vietnam Casualty Roster.

9.  General Orders Number 1702, Department of the Army (DA), Headquarters (HQ), 1st Cavalry Division (Airmobile), dated 20 March 1968, awarded the applicant the Army Commendation (ARCOM) for meritorious service in connection with military operations against a hostile force in the RVN.  His DD Form 214 does not show this award.

10.  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 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.
11.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  The applicant's record shows that he received ratings of excellent in conduct and efficiency.  There is no evidence the applicant was disqualified for award of the Army Good Conduct Medal (AGCM).

13.  Army Regulation 672-5-1, in effect at the time, provides that the AGCM is awarded to individuals who have completed a qualified period of active duty enlisted service.  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.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to
22 November 1955 are not disqualifying.

14.  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 48, dated 1971; 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. 

15.  The applicant's record shows he was awarded the Vietnam Service Medal with 1 bronze service star.  However, his record indicates he participated in
3 campaigns: the Vietnam Counteroffensive Phase II, the Vietnam Counteroffensive Phase III, and the TET Counteroffensive campaigns.   

16.  Appendix B of Army Regulation 600-8-22 lists all approved Army campaigns, including campaigns of the Vietnam War.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows a unit to which the applicant was assigned (1st Battalion, 21st Artillery) was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 February 1967 – 31 October 1967, by Department of the Army General Orders Number 54, dated 1968.



DISCUSSION AND CONCLUSIONS:

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

2.  There are no general orders that show the applicant was awarded the Purple Heart.  A search was made of ADCARS which also failed to reveal general orders for the Purple Heart.  There is no evidence in his service personnel record which shows he was wounded or injured as a result of hostile action or treated for such wounds.  His name is not on the Vietnam Casualty Roster.

3.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart in this case.  Regrettably, the applicant's contentions alone do not provide sufficient evidence to show he was wounded or injured as a result of hostile action.  Therefore, there is no basis to grant award of the Purple Heart.  The denial of this award does not diminish the value of the applicant's service.

4.  The applicant was awarded the ARCOM.  Therefore, he is entitled to have his record corrected to show this award.

5.  The applicant completed a qualifying period of service for the first award of the AGCM.  There is no evidence in the available record which shows the applicant was disqualified for this award.  Therefore, the applicant is entitled to award of the AGCM for the period 17 October 1966 – 16 October 1969 and to correction of his record to show the award of the AGCM (First Award).

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his record corrected to show this foreign unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to have his record corrected to show this foreign unit award.

8.  Evidence of record shows that the applicant participated in 3 campaigns during his service in the RVN.  Therefore, he is eligible for award of 2 additional bronze service stars to be affixed on his already-awarded Vietnam Service Medal. 

9.  The applicant's unit was awarded the MUC for the period 1 February 1967 –
31 October 1967.  Therefore, he is entitled to have his record corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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:

	a.  adding the already-awarded ARCOM to his DD Form 214;

	b.  awarding the applicant the AGCM (First Award) for the qualifying period of 17 October 1966 – 16 October 1969 and correcting the record to show this award;

	c.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; 

	d.  authorizing the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and correcting the record to show this award;

	e.  deleting the "Vietnam Service Medal with bronze service star" from his DD Form 214 and adding the "Vietnam Service Medal with 3 bronze service stars"; and

	f.  authorizing the MUC and correcting the record to show this award.




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 award of the Purple Heart.



							XXX
      	______________________
                		CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20070017501



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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