RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070017773 


	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. Eric N. Anderson

Chairperson

Mr. Peter B. Fisher

Member

Mr. Jeffrey C. Redmann

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.

2.  The applicant states, in effect, that the Purple Heart was not shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) due to an administrative oversight.  

3.  The applicant provides a copy of his DD Form 214, dated 23 December 1971; a copy of Certificate, dated 28 April 1971, awarding him the Purple Heart; and a copy of Standard Form (SF) 513 (Clinical Record-Consultation Sheet), dated 15 December 1971, 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 25 May 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank 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 23 December 1971.  

3.  The applicant’s records show he served in the Republic of Vietnam during the period 26 September 1970 to 2 May 1971.  He was assigned to Company A, 3rd Battalion, 187th Infantry, 101st Airborne Division (Air Assault). 



4.  Item 24 (Decorations, Medals, Badges, Commendations, 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 with one bronze service star, and the Republic of Vietnam Campaign Medal with 1960 Device.  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 “Multiple Frag Wounds Both Legs, Ankle, 27 APR 71" indicating he sustained multiple fragmentation wounds to his legs and his ankle on 27 April 1971. 

6.  The applicant's records do not contain General Orders that show he was awarded the Purple Heart.

7.  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 is shown on the Vietnam Casualty Roster.  The Roster also shows the date of injury or wound as 27 April 1971.

9.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows that the applicant was reported as a patient at the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan, on 2 May 1971 and was subsequently evacuated to the Medical Holding Company at Brooke General Hospital, Fort Sam Houston, Texas, on 14 May 1968.

10.  The applicant's SF 513, dated 15 December 1971, shows that he was examined at the orthopedic clinic at Fort Carson, Colorado, for multiple fragment wounds in his lower extremities sustained in April 1971 and multiple scars .  The applicant also underwent X-rays that showed significant fragments in the left tibia and the left hip.  The attending physician remarked that the applicant should have permanent L3 profile but was fit for retention and cleared for separation.  




11.  The applicant's SF 88 (Report of Medical Examination), dated 15 December 1971, shows that the applicant suffered multiple fragment wounds with retained multiple fragments in the right ankle.  The attending physician also remarked that the applicant had "multiple scars from old fragment wounds."

12.  The applicant submitted a copy of certificate, dated 28 April 1971, that shows he was awarded the Purple Heart for wounds received in action.  This certificate is authenticated by a brigade level commander/medical doctor.

13.  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.

14.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

15.  Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood, Fort Leonard Wood, Missouri, Special Orders Number 194, dated 13 July 1970, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 1 July 1970.

16.  Headquarters, Second AIT Brigade, U.S. Army Training Center, Infantry, Fort Ord, California, Special Orders Number 162, dated 6 August 1970, show the applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar on 31 July 1971.

17.  Headquarters, Second AIT Brigade, U.S. Army Training Center, Infantry, Fort Ord, California, Special Orders Number 176, dated 24 August 1970, show the applicant was awarded the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60) on 17 August 1970.

18.  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 6, dated 1974.


19.  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. 

20.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Purple Heart. 

2.  Evidence of record shows that the applicant sustained multiple fragment wounds to his lower extremities on 27 April 1971 in the Republic of Vietnam.  He was treated by military medical personnel and his treatment was made a matter of official record; and was subsequently presented with a certificate on 28 April 1971, authenticated by a hospital commander, awarding him the Purple Heart.  The applicant’s name appears on the Vietnam Casualty Roster as being wounded as a result of hostile action on 27 April 1971.  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.  Evidence of record shows that the applicant was an infantryman assigned to an infantry unit and that he was wounded in action during his service in the Republic of Vietnam.  There is sufficient evidence to show that he was actively participating in ground combat.  Therefore, he is entitled to award of the Combat Infantryman Badge and 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 which is not shown on his records.  Therefore, he is entitled to have his records corrected to show this award.

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

6.  Evidence of record shows that the applicant served a qualifying period in the Republic of Vietnam for award of one Overseas Service Bar.  Therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

__ena___  __pbf___  __jcr___  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 27 April 1971 in the Republic of Vietnam; 

	b.  awarding the applicant the Combat Infantryman Badge; and

	c.  showing award of the Purple Heart, the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60), the Sharpshooter Marksmanship Qualification Badge with Pistol Bar, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and one Overseas Service Bar.




						Eric N. Anderson
______________________
          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.