RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 March 2008
	DOCKET NUMBER:  AR20070018390 


	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, in effect, his records should be corrected to show the award of the Purple Heart because he was wounded in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and First Hospital Company Evacuation Manifest dated 26 January 1968.

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 October 1966.  He completed the necessary training and was awarded the military occupational specialty (MOS) 13A (Field Artillery Basic).

3.  He served with Battery A and B, 1st Battalion, 21st Artillery, 1st Cavalry Division in the Republic of Vietnam during the period 7 November 1967 to  
20 February 1968.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) St. Louis, Missouri on 
25 October 1968.  He had completed 1 year, 11 months, and 29 days of Net Service This Period.

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 Good Conduct Medal.  However, it does not show the award of the Purple Heart.

5.  The First Hospital Company Evacuation Manifest shows the applicant was diagnosed with shrapnel wounds to his right arm, chest and back from a mortar attack on 3 January 1968.

6.  A review of the Republic of Vietnam Casualty Roster show the applicant's name was listed among those wounded.  The applicant's entry contains the injury code "23" which indicates hostile wound in action not serious hospitalized.  The roster further shows that the applicant sustained these injuries on 3 January 1968.

7.  A review of the applicant's records indicates entitlement to additional awards that are not shown in Item 24 on his DD Form 214.

8.  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 the unit, to which the applicant was assigned, Battery B, 1st Battalion, 21st Artillery, was cited for an award of the Valorous Unit Award based on Department of the Army General Order Number 43, dated 1969 and Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 54, dated 1974.

9.  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.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) 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) and Tet Counteroffensive (30 January 1968 to 2 April 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.

11.  Headquarters, U.S. Army Training Center Special Orders Number  
161 dated 10 December 1966 shows the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Purple Heart.

2.  The First Hospital Company Evacuation Manifest and the Republic of Vietnam Casualty Roster provides sufficient evidence to grant the applicant’s request for award of the Purple Heart.  Therefore, he is entitled to the award of the Purple Heart for shrapnel wounds he sustained on 3 January 1968.

3.  Evidence shows the applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Valorous Unit Award.  Therefore, he is entitled to correction of his records to show these unit awards.

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

5.  Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to correction of his records to show this award.

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 awarding him the Purple Heart for wounds incurred in the Republic of Vietnam on 
3 January 1968, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, Valorous Unit Award, Expert Marksmanship Qualification Badge with Rifle Bar, and two bronze service stars to be affixed to his 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.