RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070017509 


	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. Michael L. Engle

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 Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Purple Heart.

2.  The applicant states, in effect, that his Purple Heart was omitted from his 
DD Form 214.

3.  The applicant provides copies of his DD Form 214, and his medical records showing treatment for his injury.

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 22 December 1967, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 67N (Utility Helicopter Repairman).            

3.  On 8 February 1969, the applicant was assigned for duty as a utility helicopter repairman with the 119th Aviation Company in the Republic of Vietnam.

4.  Medical records provided by the applicant, dated from 12 to 22 June 1969, state that he sustained an injury to his left knee when he fell on a rock while going to his truck during a mortar attack.   He received daily medical treatment.
  
5.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that he was awarded the Purple Heart. 

6.  The applicant’s name is not listed on the Vietnam Casualty Roster.
7.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) is blank.

8.  Army Regulation 600-8-22 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 military medical personnel, and the medical treatment must have been made a matter of official record.  

9.  On 3 February 1970, the applicant returned to the United States for duty at Fort Benning, Georgia.

10.  On 16 December 1970, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  He had attained the rank of specialist five, pay grade E-5 and had completed 2 years, 11 months, and 25 days of creditable active duty.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Republic of Vietnam Campaign Medal with Device (1960).  It does not show award of the Purple Heart. 

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

13.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following four campaign periods: the Vietnam Counteroffensive, Phase VI; the Tet 69 Counteroffensive, 1969; the Vietnam Summer-Fall 1969; and the Vietnam Winter-Spring 1970.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  

14.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There are no available general orders that show the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster, and Item 40 of his DA Form 20 does not make mention of this incident.  The medical evidence provided by the applicant shows that he received treatment for an injury to his knee, and states that the injury occurred during a mortar attack.  He was treated daily over a 10-day period indicating that his chain of command surely knew of the incident.  However, there is no corroborating evidence such as a morning report entry or a witness statement from someone who saw him fall, or that it was a direct result of an enemy attack.  Therefore, the applicant's request for award of the Purple Heart should not be granted. 

2.  Records show that the applicant participated in four campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his Vietnam Service Medal.

3.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.   

4.  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

__ LDS _   __DLL___  __ECP _   DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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 concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by:

	a.  deleting the Vietnam Service Medal with two Bronze Service Stars;

	b.  adding the Vietnam Service Medal with four Bronze Service Stars;

	c.  adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	d.  and providing him a correction to his separation document that reflects these changes.




__   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.