RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20080001807 


	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 (PH). 

2.  The applicant states, in effect, that he suffered a shrapnel wound to his lower lip and upper right arm on 14 May 1969, while serving in the Republic of Vietnam (RVN).  He indicates that the Medical Corpsman (Medic) removed the shrapnel and bandaged his wounds on site and that he continued the mission.  He also claims that the Medic forwarded a list of names for award of the PH; however, due to an administrative oversight, his name was not included on that list.

3.  The applicant provides the following documents in support of his application:  Witness Statements; Third-Party Statement; and Photographs.  

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 record shows he enlisted in the Regular Army (RA) and entered active duty on 1 June 1963.  He completed basic combat training at Fort Jackson, South Carolina and advanced individual training (AIT) at Aberdeen Proving Grounds, Maryland.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 63H (Automotive Repairman).

3.  The applicant's Enlisted Qualification Record (DA Form 20) includes two entries in Item 31 (Foreign Service), which show he served in Korea from 9 May 1967 to 4 June 1968, and in the RVN from 11 January 1969 to 21 August 1970.  Item 40 (Wounds) is blank, and the PH is not included in the list of awards contained in Item 41 (Awards and Decorations).  Item 41 does show that the applicant received four awards of the Bronze Star Medal (BSM).

4.  The applicant continuously served on active duty through reenlistments on
25 October 1965; 13 August 1971; and 29 July 1977.  His MPRJ contains separation documents (DD Forms 214) for each of these enlistment periods.  The PH is not included in the awards listed on any of these separation documents, and the applicant authenticated each of them with his signature on the date they were issued.  

5.  On 30 June 1983, the applicant was honorably released from active duty by reason of retirement.  The DD Form 214 issued at that time shows he completed a total of 20 years and 1 month active military service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  Army Good Conduct Medal (6th Award); 3 Overseas Service Bars; Army Commendation Medal (2nd Oak Leaf Cluster); Recruiter Badge with 3rd Gold Star; RVN Gallantry Cross with Palm Unit Citation; Bronze Star Medal (2nd Oak Leaf Cluster); Overseas Service Ribbon (2); National Defense Service Medal; Armed Forces Expeditionary Medal; Combat Infantryman Badge; Vietnam Service Medal (VSM); Army Service Ribbon; and Air Medal with Numeral 2.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains no orders, or other documents that indicate he was ever recommended for, or awarded the PH.  The MPRJ is also void of any medical treatment records indicating he was ever treated for a combat-related wound.  

7.  The applicant provides two witness statements from individuals who indicate they served with the applicant in the RVN and who state they witnessed the applicant being wounded in action in the RVN on 14 May 1969.  He also provides a third-party letter from an individual who indicates the applicant wrote to him in the third week of May 1969, and indicated to him that he had been wounded in action.  

8.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  The applicant's name is not included on this casualty list.  

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which 
the award is being made, required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.  

10.  Paragraph 2-13 of the awards regulation contains guidance on award of the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.  A silver service star is used in lieu of 5 bronze service stars to denote participation in 5 campaigns.  

11.  Table B-1 of the awards regulation contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, campaign credit was granted for the Vietnam Counteroffensive Phase VI; Tet 69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; Vietnam Winter-Spring 1970; Sanctuary Counteroffensive; and the Vietnam Counteroffensive Phase VII campaigns.

12.  Paragraph 2-20 of the awards regulation contains guidance on award of the Korean Defense Service Medal (KDSM).  It states, in pertinent part, that the KDSM is authorized to be awarded to members who served on active duty in Korea from 28 July 1954 to a date to be determined.  

13.  Paragraph 9-19 of the awards regulation contains guidance on award of the RVN Campaign Medal with Device (1960).  It states, in pertinent part, that this award is authorized for members who served in the RVN for 6 months or more during the period 1 March 1961 through 28 March 1973.  Individuals who serve for less than 6 months who have been wounded by hostile forces are also entitled to receive this award.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the PH and the supporting documents he provided were carefully considered.  However, by regulation, in order to support award of the PH, it is necessary to establish that the wound, for which the award is being made, was received as a direct result of, or was caused by enemy action; that the wound required treatment by military medical personnel; and that a record of this medical treatment was made a matter of official record.   

2.  Item 40 of the applicant's DA Form 20 is blank, which indicates he was never wounded in action.  His MPRJ is void of any orders, or documents that show he was ever recommended for, or awarded the PH by proper authority while serving on active duty.  Also, there are no medical treatment records indicating he was ever treated for a combat-related wound.  Further, the PH is not included in the 

list of awards contained on any the applicant's four separation documents, the 
last of which was issued upon his retirement in 1983, and there is no indication that the applicant pursued his claim of entitlement to the PH at anytime in the almost 13 years he remained on active duty after his departure from the RVN. 

3.  In addition, the applicant authenticated each of the DD Forms 214 he received with his signature on the dates they were issued.  In effect, his signature on these documents was his verification the information they contained, to include the awards listed, was correct at the time the DD Forms 214 were prepared and issued.  Finally, the applicant's name is not included on the Vietnam Casualty Roster, the official DA list of RVN battle casualties.  

4.  Absent any evidence of record confirming that the applicant was ever wounded in action or treated for a combat-related wound by military medical personnel while serving in the RVN, or that corroborates the information contained in the witness statements provided, the regulatory burden of proof necessary to support award of the PH has not been satisfied in this case.  Therefore, it would not be appropriate or serve the interest of all those who served in the RVN and who faced similar circumstances to award the applicant the PH at this late date.  The applicant and all others concerned should know that this action related to award of the PH 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.

5.  The applicant's record does show that he received four awards of the 
BSM or the BSM (3rd Oak Leaf Cluster), and that based on his service in the 
RVN, he is entitled to the RVN Campaign Medal with Device (1960) and 1 silver service star and 1 bronze service star with his VSM; and that based on his service in Korea, he is entitled to the Korean Defense Service Medal.  The omission of these awards from his separation document is an administrative matter that does not require Board action.  Therefore, the Case Management Support Division (CMSD), St. Louis, Missouri, will administratively correct his record and separation document as outlined by the Board in paragraph 3 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 related to award of the Purple Heart.  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 amending Item 13 of his 30 June 1983 DD Form 214 by deleting the entry Bronze Star Medal with 2nd Oak Leaf Cluster and replacing it with the entry Bronze Star Medal (3rd Oak Leaf Cluster) (4th Award); by deleting the Vietnam Service Medal entry and replacing it with the entry Vietnam Service Medal with 1 silver service star and
1 bronze service star; by adding the Korean Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960); and by providing him a correction to his separation document that includes these changes.




      ________x______________
                CHAIRPERSON
ABCMR Record of Proceedings (cont)                                         AR20080001807


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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508