RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20080000863 


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

2.  The applicant states he was injured in combat while serving in the Republic of Vietnam, but he never received the award of the Purple Heart.  He was under fire while running from the enemy and twisted his left knee.  He was taken to the field Hospital in Nytran, Vietnam and was given a permanent profile.  He was serving in military occupational special (MOS) 11B (Light Weapons Infantryman), as a result of the injury his MOS was changed to MOS 71N (Movement Specialist).  He recently discovered that although the injury was not a flesh wound, it was a combat injury as his medical record will reflect.

3.  The applicant does not provide any additional documentation. 

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 enlisted in the Regular Army on 16 November 1963.  He completed the necessary training and was awarded the MOS 111.60 (Light Weapons Infantryman).  He served continuously in various assignments to include a tour with Company C, 1st Battalion,  
22nd Infantry Division in the Republic of Vietnam during the period 21 July  
1966 to 5 September 1967; and 25th Transportation Company in the Republic of Korea during the period 6 July 1970 to 8 February 1971.

3.  He was honorably retired from active duty and transferred to the U.S. Army Reserve Control Group (Retired) on 31 December 1982 and placed on the retired list on 1 January 1983.  He completed a total of 21 years, 1 month, and 16 days of active service.
4.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 8 February 1971 shows the awards of the Army Commendation Medal, Combat Infantryman Badge, Good Conduct Medal  
(2nd Award), Vietnam Service Medal, Republic of Vietnam Campaign Medal, National Defense Service Medal, and the Armed Forces Expeditionary Medal (Korea).  However, it does not show the award of the Purple Heart.

5.  There are no medical records in the applicant's official military personnel file to show that he was injured in combat by twisting his left knee while running from the enemy under fire or to show that he was treated for an injury he sustained as a result of hostile action.

6.  A review of the Republic of Vietnam Casualty Roster does not show the applicant's name listed among those injured or wounded.

7.  Army Regulation 600-8-22 (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 injury was the result of hostile action, the injury must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.

8.  A review of the applicant's records indicates entitlement to additional awards that are not shown in item 24 of his DD Form 214 for the period ending 
8 February 1971.

9.  Army Regulation 600-8-22 (Military Awards) states that the Korean Defense Service Medal is authorized for award to members of the Armed Forces of the 
United States who have served on active duty in support of the defense of the Republic of Korea.  The area of eligibility and period of eligibility are as follows:  (1) the area of eligibility encompasses all land area of the Republic of Korea, and the contiguous water out to 12 nautical miles, (2) all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

10.  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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving during the Vietnam War.  This document shows 1st Battalion, 22nd Infantry Division the unit to which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

12.  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.

13.  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 II (1 July 1966 to 31 May 1967) and Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 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 his records should be corrected to show the Purple Heart, because he was under fire while running from the enemy and twisted his left knee in the Republic of Vietnam.

2.  There is no evidence in his available records which show he was injured in combat by twisting his left knee as a result of hostile action and was treated for his injury by a medical officer.  Also, his name does not appear on the Republic of Vietnam Casualty Files.  Therefore, he is not entitled to correction of his records to show the Purple Heart.

3.  Evidence shows the applicant is authorized the Korean Defense Service Medal for his service in the Republic of Korea during the period 6 July 1970 to  
8 February 1971.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows the applicant served in the Republic of Vietnam during two campaigns.  Therefore, he is entitled to corrections of his records to show two bronze service stars to be affixed to his Vietnam Service Medal.




5.  Orders show the applicant is authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

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

__PHM __  __KSJ__  __JGH__   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 Korean Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two 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.




      ___        PHM                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080000863



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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