RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080002782 


	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 the Meritorious Unit Commendation (MUC), the Purple Heart, and an “Artillery Medal” be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that medical records show he was treated for a shrapnel injury to his left inguinal region in 1969.

3.  The applicant provides his DD Form 214; a proposed citation for the Meritorious Unit Commendation; a Standard Form (SF) 93 (Report of Medical History), dated 16 March 1972; four pages of extracts from his service medical records; a DA Form 8-274 (Medical Condition – Physical Profile Record), dated  7 April 1969, and a DA Form 3349 (Medical Condition – Physical Profile Record), dated 9 May 1969.

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 was inducted into the Army on 13 August 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).

3.  Headquarters, U. S. Army Training Center, Field Artillery, Fort Sill, OK, Special Orders Number 293, dated 6 December 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

4.  The applicant arrived in Vietnam and was assigned to the 6th Battalion, 27th Artillery on 12 January 1969.


5.  The applicant provided extracts from his service medical records that show he was treated on 13 January 1969 for a complaint of sharp shooting pains located in the anterior thorax, exacerbated by inspiration but not motion; on 7 April 1969 for chronic, recurrent urticaria (hives); on 22 May 1969 for impetigo (a skin infection caused by bacteria); on 6 June 1969 for impetigo; on 16 July 1969 for impetigo and a complaint of shoulder pain; and around October 1969 by dermatology for two healing lesions on the left lower leg.

6.  The applicant provided a DA Form 8-274 and a DA Form 3349 that show he was given temporary profiles for recurrent urticaria.  

7.  The applicant departed Vietnam on 14 March 1970 after being credited with participation in four campaigns.

8.  The applicant completed an SF Form 89 (Report of Medical History) on        16 March 1970.  He indicated that he had been treated by clinics, physicians, healers, or other practitioners over the past 5 years because of colds and hives.  He indicated that he had never had any illness or injury other than those already noted.  On the front of the form, he had indicated that he had swollen or painful joints; mumps; frequent or severe headache; hearing loss; chronic or frequent colds; asthma; pain or pressure in the chest; a reaction to a serum, drug, or medicine; foot trouble; coughed up blood; and wore glasses and a brace or back support.

9.  The applicant was released from active duty on 17 March 1970.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Army Good Conduct Medal.

10.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) does not show he was wounded.  His name is not listed on the Vietnam Casualty Roster.  Item 41 (Awards and Decorations) does not show he was awarded the Purple Heart or an “Artillery Medal” or a marksmanship qualification badge with an artillery bar (e.g., the Anti-Aircraft Artillery or Field Artillery bars).

11.  The applicant enlisted in the Army National Guard in March 1972.  He completed an SF 93 on 16 March 1972.  On this form, he indicated that he had received a shrapnel injury to the left inguinal region in 1969 and the shrapnel was removed with no residuals.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 6th Battalion, 27th Artillery, it was cited for award of the Meritorious Unit Commendation for the period 1 January 1968 through 31 January 1969 by Department of the Army General Orders (DAGO) Number 36, dated 1970.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 6th Battalion, 27th Artillery, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period    21 February 1970 through 28 February 1971 by DAGO Number 42, dated 1972.

14.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant's assignment to the 6th Battalion, 27th Artillery, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 14 September 1967 through 15 January 1971 by DAGO Number 51, dated 1971.

15.  Army Regulation 600-8-22 (Military Awards) states 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.

16.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was assigned to the 6th Battalion, 27th Artillery during a period of time it was awarded the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These unit awards should be added to his DD Form 214.

2.  The applicant completed an SF 93 on 16 March 1972 wherein he indicated that he had received a shrapnel injury to the left inguinal region in 1969 and the shrapnel was removed with no residuals.  He provided extracts from his service medical records, presumably to substantiate that injury.

3.  However, the service medical records the applicant provided showed that in 1969 he was treated for various conditions, and in April/May 1969 he was given a 

temporary profile for recurrent urticaria.  They do not confirm that he was treated for a shrapnel injury.  Further, the SF 89 the applicant completed in March 1970, only several months after he was allegedly wounded, did not indicate he had been treated for a shrapnel wound.

4.  The applicant’s name is not listed on the Vietnam Casualty Roster.  His DA Form 20 does not show he was wounded.  

5.  There is insufficient evidence to show the applicant met the eligibility criteria for award of the Purple Heart.

6.  There is no evidence of record to show the applicant was awarded an “Artillery Medal.”  Evidence of record does show he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar.  This badge should be added to his DD Form 214.

7.  The applicant was credited with participation in four campaigns and therefore is authorized to wear four bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to reflect this fact.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__JCR__  __SAP__  __SWF___  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 amending his DD Form 214 to add the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Expert Marksmanship Qualification Badge with Rifle Bar and to show he is eligible to wear four bronze service stars on 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 award of the Purple Heart or an “Artillery Medal.” 




__              JCR    __
          CHAIRPERSON