RECORD OF PROCEEDINGS


	IN THE CASE OF:	  .


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20080001981 


	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.









      The following members, a quorum, were present:













	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 wounds he received while stationed in the Republic of Vietnam. 

2.  The applicant states, in effect, that he was wounded and hospitalized in the Republic of Vietnam. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and a letter from his former commander, dated 9 May 1968, sent to his parents, in support of his request. 

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 record shows he was inducted on 6 July 1967.  He successfully completed basic combat training and advanced individual training at Fort Sill, Oklahoma.  On completion of his training, he was awarded the military occupational specialty (MOS) 13A (Field Artillery Basic).  He was promoted to pay grade E-5 on 22 December 1968.

3.  The applicant served in Vietnam from 15 March 1968 to 14 March 1969.  He served until he was honorably released from active duty on 17 March 1969.

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; and the Republic of Vietnam Campaign Medal.

5.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. 

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations). 

7.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

8.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart while serving in Vietnam.

9.  The applicant provided a copy of a letter from his former commander, dated 9 May 1968, which was addressed to his parents.  The former commander informed the applicant's father that his son was doing fine and expected him to return to the unit from the hospital on 15 May 1969.  He was accidently burned while assisting several other Soldiers in destroying some waste materials and powder increments from artillery ammunition.  His son had completed his portion of the task and was standing near the burning pit talking to several other Soldiers in the area.  He was burned when one of the powder increments thrown into the pit produced a flash flame.  He received second degree burns on the rear portion of his arms and was slightly burned in the back.  The former commander stated that he had been told by a doctor treating the applicant that his recovery would be complete and should not leave any scars.

10.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

11.  Army Regulation 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 by military medical personnel, and the medical treatment must have been made a matter of official record. 

12.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a
bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 
13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation, by Department of the Army General Orders (DAGO) Number 51, dated 1971; and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by DAGO Number 8, dated 1974; while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  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 treatment, and the medical treatment must have been made a matter of official record.

2.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty List; and there are no medical records available to show that he was treated for a wound as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart.

3.  The applicant alleges that he should be awarded the Purple Heart for wounds received while stationed in the Republic of Vietnam.  However, the letter provided by the applicant from his former commander stated that he was accidently burned while assisting other Soldiers in destroying some waste material and powder increments from artillery ammunition.  He also described the burn in detail.  The commander was told by a doctor treating the applicant that his recovery would be complete without scars.  Based on this evidence, the applicant is not entitled to award of the Purple Heart.

4.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 6 July 1967 to 17 March 1969.

5.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns and he is therefore, entitled to be awarded four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

6.  The applicant's unit was cited for 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, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.
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 that he was awarded the Good Conduct Medal, for the period 
6 July 1967 to 17 March 1969; the Vietnam Service Medal with four bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.

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 award of the Purple Heart and its addition to his DD Form 214.




      ___x______
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080001981



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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