RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2008
	DOCKET NUMBER:  AR20070018894 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Ms. LaVerne M. Douglas

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 that he be awarded the Purple Heart.

2.  The applicant states that after he was wounded in his left ankle he also had hepatitis.  When he was to get his Purple Heart, he was sent home on a critical list.  His orders never caught up with him.

3.  The applicant provides copies of five photographs and a letter, dated               7 November 2007, from the Department of Veterans Affairs (VA).

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.  Most of the records from the applicant’s Regular Army service are not available.

3.  The applicant enlisted in the Regular Army on 2 September 1969.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he served in Vietnam from 6 June 1970 through  30 October 1970.

5.  On 30 March 1972, the applicant wrote to The Adjutant General requesting “information on some awards I was to get back in Vietnam.”  He stated he had been assigned to Company A, 1st Battalion, 5th Cavalry, 1st Air Cavalry Division. He stated his platoon sergeant had told him he was going to put the applicant’s name in for the Air Medal and the Army Good Conduct Medal.  The applicant did not mention the Purple Heart.  There is no evidence to show the applicant received a response to his letter.
6.  The applicant was honorably released from active duty on 21 April 1972 after completing 2 years, 6 months, and 21 days of creditable active service with       48 days of lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant’s name is not listed on the Vietnam Casualty Roster.

8.  The applicant provided a letter, dated 7 November 2007, from the VA.  This letter states in part, “We are pleased to inform you the Department of Veterans Affairs (VA) has confirmed your receipt of the Purple Heart Medal and placed you in Enrollment Priority Group 3.”

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 1st Battalion, 5th Cavalry, it was cited for award of the Valorous Unit Award for the period 1 May through 29 June 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972.

11.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 1st Battalion, 5th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period    21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The photographs provided by the applicant have been considered.  However, it cannot be confirmed that the applicant is the individual in those photographs or, if it is, what type of injuries he has.  The photographs do not offer proof of how those injuries might have occurred, and the applicant’s name is not listed on the Vietnam Casualty Roster.  It is also noted that the applicant did not raise the issue of the Purple Heart in his March 1972 letter to The Adjutant General.

2.  The VA letter the applicant provided is another matter.  However, the letter does not indicate how the VA confirmed his receipt of the Purple Heart.  If the applicant can provide the evidence on which the VA based its confirmation, he may reapply for reconsideration.

3.  The applicant stated, in his 30 March 1972 letter, that he had been assigned to Company A, 1st Battalion, 5th Cavalry, 1st Air Cavalry Division.  Although his records for his Regular Army service are not available, there appears to be no reason to believe the applicant would not have identified his correct unit of assignment in that letter.  Therefore, it is accepted that he was assigned to Company A, 1st Battalion, 5th Cavalry,1st Air Cavalry Division while in Vietnam.  Consequently, it appears that he was assigned to the unit during a period of time it was awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These unit awards should be added to his DD Form 214.

4.  Evidence shows that the applicant’s records contain administrative errors which do 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

__cd____  __lmd___  __jcr___  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.

2.  The Board determined that administrative errors 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 amending his DD Form 214 to add the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




__Carmen Duncan_______
          CHAIRPERSON