RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080001127 


	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, in effect, award of the Purple Heart for injuries incurred while in combat in the Republic of Vietnam.

2.  The applicant states that he was discharged with a disability rating of  
30 percent for injuries he incurred while in combat in the Republic of Vietnam.  He states that while he was unloading bottles of water a sniper fired a shot that hit the bottle of water he was holding, causing the bottle to break, which caused severe injury to his left arm.  He claims he should have been awarded the Purple Heart for his incurred injury.

3.  The applicant provides a copy of his separation document (DD Form 214).

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 (AUS) on 20 September 1966.  On 26 September 1966, he was honorably discharged from the AUS for immediate enlistment in the Regular Army (RA).  On 27 September 1966 he enlisted in the RA for a period of three years.  He completed the necessary training and was awarded the military occupational specialty (MOS) 76X (Subsistence Storage Specialist).

3.  He served with the 11th Supply Company, 506th Field Depot in the Republic of Vietnam during the period 26 January 1968 to 20 April 1968.



4.  The applicant's personnel record shows that a line of duty investigation was conducted on an injury he sustained on 5 April 1968, while moving water bottles that had exploded in Saigon, Republic of Vietnam.  

5.  On 23 October 1969, a letter from the Adjutant General Office shows that based on the evidence contained in the applicant's available record at the time, it was determined that the applicant's injury was incurred in line of duty on 5 April 1968 in the Republic of Vietnam.

6.  The applicant was permanently retired from active duty by reason of physical disability with a disability rating of 30 percent, on 17 November 1969.  He completed 3 years, 1 month, and 28 days of Total Active Service

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the awards of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  However, it does not show the award of the Purple Heart.

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

9.  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 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.

10.  A review of the applicant's record indicates entitlement to an additional award and decoration not shown in item 24 of his DD Form 214.

11.  Army Regulation 672-5-1, in effect at the time when the service member was discharged, required that throughout a qualifying period of service for award of the Army Good Conduct Medal the enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  This period is 3 years except in those cases when the period for the first award ends with the 
termination of a period of Federal military service.  With the publication of the new Army Regulation 672-5-1, in 1974, the requirement for all excellent conduct 


and efficiency ratings was dropped and an individual was required to show that he/she willingly complied with the demands of the military environment, had been loyal and obedient, and faithfully supported the goals of his organization and the Army.

12.  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 the unit, to which the applicant was assigned, 11th Supply Company was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Order Number 59, dated 1969.

13.  The applicant's record shows that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

14.  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 and received campaign credit for the Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968); Tet Counteroffensive (30 January 1968 to 1 April 1968); and the Vietnam Counteroffensive, Phase IV (2 April 1968 to 30 June 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 record should be corrected to show he was awarded the Purple Heart for injuries incurred while in combat in the Republic of Vietnam.

2.  The applicant's contentions that he received a disability rating of 30 percent for injuries he incurred while in combat in the Republic of Vietnam is noted.  Also noted is his statement that while he was unloading bottles of water a sniper fired a shot that hit the bottle of water he was holding, causing the bottle to break, which caused severe injury to his left arm.

3.  However, there is no substantiating evidence to show that the applicant was injured as a result of a sniper's shot hitting the water bottles nor did the applicant submit any evidence to show that the injuries were the result of hostile action. Therefore, he is not entitled to correction to his record to show the award of the Purple Heart.

4.  Records show he is authorized the first award of the Army Good Conduct Medal for the period 27 September 1966 to 26 September 1969 for completion of a period of qualifying service less than three years, but more than one year, 
ending with the termination of a period of Federal military service.  His record shows he received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, he is entitled to correction of his record to show this award.

5.  Evidence shows the applicant is authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his record to show this foreign unit award.

6.  Evidence shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x __  __x__  __x      __   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the awards of the Army Good Conduct Medal (first award) for the period 27 September 1966 to 26 September 1969, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the award of the Purple Heart.

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.




      ___         x               ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001127



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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