RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  08 April 2008
	DOCKET NUMBER:  AR20080000611 


	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.

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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, in effect, that his Purple Heart be added to his 
DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was wounded in-country during a mortar attack and suffered an injury to his right leg.  He adds, in effect, that he did not pursue the issue since he felt others deserved the award more than he did at the time.

3.  The applicant submitted no additional evidence in support of his request, beyond his application to the Board.

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 he enlisted in the Regular Army on 20 July 1965.  He completed basic combat training at Fort Gordon, Georgia, and his advanced individual training at Fort McClellan, Alabama.  After completing all required training, he was awarded the military occupational specialty (MOS), 54E (Chemical Staff Specialist).

3.  The applicant served in Vietnam from 24 November 1966 through 23 November 1967 with Headquarters and Headquarters Company, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division.

4.  The applicant was honorably released from active duty, on 19 July 1968, under the provisions of Army Regulation (AR) 635-200, at the expiration of his term of service.  He was separated in the rank and pay grade of Sergeant, E-5.  On the date he was released from active duty, he had completed 3 years of active military service, with no time lost.

5.  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, the Republic of Vietnam Campaign Medal, and a certificate of proficiency.  No other awards are shown in this item.

6.  There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, to show that he received a wound in action against a hostile force.

7.  There is no entry in Item 41 (Awards and Decorations), of the applicant's DA Form 20, showing he was awarded the Purple Heart.  Item 41 shows the applicant was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and two overseas service bars.

8.  There are no orders in the applicant's military personnel records awarding him the Purple Heart.

9.  The applicant's name does not appear on the Vietnam Casualty List.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which he is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following two campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II, which extended from 1 July 1966 through 31 May 1967 and the Vietnam Counteroffensive, Phase III, which extended from 1 June 1967 through 29 January 1968.

12.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows the unit the applicant was assigned to was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period January 1966 through August 1968, by Department of the Army General Order (DAGO) Number 48, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the period 1 January 1966 through 21 January 1970, by DAGO 51, dated 1971.

13.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows he earned the Marksman Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle], on 2 September 1965.  This marksmanship qualification badge is not shown on his DD Form 214.

14.  AR 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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards.  This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence the applicant was awarded the Purple Heart while he served in Vietnam.

2.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as the result of hostile action, the wound must have required medical treatment, and the medical treatment must have been made a matter of official record.

3.  There is no evidence, and the applicant has provided none, to show he sustained an injury to his right leg.  There is no entry in Item 40 and Item 41, of the applicant's DA Form 20, to show he received a wound in action against a hostile force or that he was awarded the Purple Heart for these alleged wounds.  There are no orders in the applicant's military personnel record awarding him the Purple Heart; and, the applicant's name does not appear on the Vietnam Casualty List.

4.  Based on the evidence in this case, the applicant is not entitled to award of the Purple Heart and to have it added to his DD Form 214.

5.  The applicant served in two campaigns while in Vietnam.  He is therefore entitled to award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have these two bronze service stars added to his DD Form 214.

6.  The applicant served in a unit which was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, while he was a member of the unit.  These unit awards are not shown on his DD Form 214.  He is entitled to these unit awards and to have them added to his DD Form 214.

7.  Item 41, of the applicant's DA Form 20, shows he was awarded two overseas service bars.  These overseas service bars are not shown on the applicant's DD Form 214.  He is therefore entitled to have these two overseas service bars added to his DD Form 214.

8.  Item 29, of the applicant's DA Form 20, shows he earned the Marksman Marksmanship Qualification Badge, with Rifle Bar.  This marksmanship qualification badge is not shown on the applicant's DD Form 214.  He is entitled to have this badge shown on his DD Form 214.

9.  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

__x__  __x_  __x__   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 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 by:

	a.  awarding the applicant two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and adding these stars to his DD Form 214;

b.  awarding the applicant the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these unit citations to his DD Form 214; and

	c.  adding the two already-awarded overseas service bars and the Marksman Marksmanship Qualification Badge, with Rifle Bar, to the applicant's DD Form 214.




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          CHAIRPERSON