RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2008
DOCKET NUMBER: AR20080000778
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 (PH).
2. The applicant states that he was injured in his right leg, neck, and face from shrapnel from an explosion while he was in Vietnam.
3. The applicant provides his separation document and a letter from his daughter who lists some of the applicants current medical conditions and asks that her father be awarded the PH.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he enlisted on 28 February 1968, was awarded the military occupational specialty of 11C (indirect fire crewman), was assigned to Vietnam, and was promoted while in Vietnam to pay grade E-4.
3. He reenlisted on 17 April 1969 and again reenlisted on 30 September 1970. The applicant was honorably discharged on 27 September 1974 in pay
grade E-5. His significant awards include the Combat Infantryman Badge and Army Commendation Medal for Valor with Oak Leaf Cluster. However, his awards do not include the PH.
4. The applicants DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), has no entry.
5. The applicants name does not appear on the Vietnam Casualty Roster.
6. There is no record of the applicant being wounded or treated for wounds in his record.
7. There are no orders awarding him the PH in his records.
8. Army Regulation 600-8-22 provides that the PH is awarded for wounds 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 medical personnel, and the medical treatment must have been made a matter of official record.
9. Department of the Army General Orders Number 8, dated 1974, awarded all personnel assigned to the United States Army Vietnam from 8 February 1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:
1. Unfortunately, there are no records to substantiate that the applicant was wounded in Vietnam. Without evidence to substantiate he was wounded as a result of hostile action, there is insufficient evidence in which to award him the PH.
2. However, the applicant is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
3. Evidence shows that the applicants records contain administrative error which does not require action by the Board. Therefore, administrative correction of the applicants 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 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
___ x ___
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000778
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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