RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070017920 


	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. Dean L. Turnbull

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 that his records be corrected to show the award of the Purple Heart.

2.  The applicant states he should be awarded the Purple Heart because he was wounded by a grenade along with 20 other men.  The men were medically evacuated but he was treated on site by the medics.  His medical records do not show he was wounded and treated for shrapnel on site.

3.  The applicant provides a copy of his DD 214 (Armed Forces of the United States Report of Transfer or Discharge) with DD Form 215, and Department of Veterans Affairs (DVA) Statement in Support of Claim form.

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 military personnel record shows he was inducted into the Army of the United States on 27 September 1966.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  He served as an 11B (Machine Gunner and Squad Leader) with Company B, 1st Battalion, 198th Light Infantry Brigade, 52nd Infantry Division in the Republic of Vietnam during the period 6 October 1967 to 24 April 1968.  He was honorably released from active duty and transferred to U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 19 September 1968.  He completed  
1 year, 11 months, and 23 days of active service.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and Combat Infantryman Badge.  However, it does not show the award of the Purple Heart.

5.  Item 40 (Wounds) of his DD Form 20 (Enlisted Qualification Record) contains no entry.

6.  There are no general orders in the available records which show the applicant was awarded the Purple Heart.

7.  There are no medical records in the applicant's official military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds sustained as a result of hostile action.

8.  A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed among those wounded.

9.  A review of the historical files of his assignment while in the Republic of Vietnam, archived at the National Archives College Park, Maryland failed to show entitlement to the award of the Purple Heart.

10.  The DVA's Statement in Support of Claim form the applicant submitted states that the applicant's company was in a secure perimeter preparing for night operations when a pin on a live grenade was accidentally pulled and the grenade exploded killing two Soldiers and wounding approximately 20 others.  The applicant was one of those Soldiers wounded and treated on site.

11.  Army Regulation 672-5-1 (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 a medical officer, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations on requests for award of the Purple Heart.  Item (5) (g) of this same regulation states, in pertinent part, that an example of an injury or wound which clearly does not qualify for award of the Purple Heart is an accident, to include explosive, aircraft, vehicular, and other accidental wound not related to or caused by enemy action.

12.  A review of the applicant's records show entitlement to additional awards and decorations not shown in Item 24 on his DD Form 214.

13.  Army Regulation 672-5-1, in effect at the time when the applicant was separated, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows that all units assigned in the Republic of Vietnam from 8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.

15.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit. 

15.  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 Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968); Tet Counteroffensive (30 January 1968 to 1 April 1968); and Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

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

2.  There is no evidence to show that the applicant was wounded by a grenade explosion as a result of enemy fire.  Also, regulatory guidance provides that an injury or wound which clearly does not qualify for award of the Purple Heart is an accident, to include explosive, aircraft, vehicular, and other accidental wound not related to or caused by enemy action.  Since the applicant's fragment wounds were caused by the accidental detonation of a hand grenade, he is not entitled to correction of his records to show the award of the Purple Heart.
3.  Records show he is authorized the Army Good Conduct Medal first award for the period 27 September 1966 to 19 September 1968 for completion of a period of qualifying service of less than three years, but more than one year, ending with the termination of a period of Federal military service. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows the applicant is authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore he is entitled to correction of his records to show this foreign unit award.  

5.  Evidence shows the applicant was assigned to a unit in the Republic of Vietnam that participated in three campaigns.  Therefore, he is entitled to correction of his records to show three bronze service stars to be affixed to his Vietnam Service Medal.

6.  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__  __ECP__  __DLL___  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 to award the Purple Heart.

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 the awards of the Army Good Conduct Medal first award for the period 27 September 1966 to 19 September 1968, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and three bronze service stars to be affixed to his Vietnam Service Medal. 

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 our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




____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.