IN THE CASE OF:	  

		BOARD DATE:	       21 August 2008

		DOCKET NUMBER:  AR20080005758 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Purple Heart.

2.  The applicant states, in effect, that he was injured when a land mine detonated.  He contends he was treated in the field and that a telegram was sent to his parents regarding his injury. 

3.  The applicant provides a copy of a Western Union Telegram, dated 16 July 1970.

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.  On 10 June 1971, the applicant enlisted in the Regular Army for a period of
3 years.  He was trained in, awarded, and served in military occupational specialty (MOS) 64A (Light Vehicle Driver).  He attained the grade of specialist four/E-4.  On 9 June 1971, he was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  On 1 April 1974, he was honorably discharged from the USAR upon completion of his statutory military obligation. 

3.  The applicant served in the Republic of Vietnam (RVN) from 3 January 1970 –
28 November 1970.  He performed duties as a heavy vehicle driver with the 57th Transportation Company and Company B, 4th Support Battalion, 4th Infantry Division.  

4.  Item 24 of the applicant’s DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show award of the Purple Heart.  The applicant authenticated this form with his signature attesting to the accuracy of the information therein.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not record any wounds sustained as a result of hostile action.

5.  There are no general orders in the applicant’s records to show he was awarded the Purple Heart.

6.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any Purple Heart orders on file for the applicant.

7.  The applicant's name does not appear on the Vietnam Casualty Roster.

8.  The applicant provided a copy of a Western Union Telegram, dated 16 July 1970, to the applicant's parents which states, in pertinent part:  "The Secretary of the Army has asked me to inform you that your son [the applicant] was slightly wounded in action in Vietnam on 14 July 1970 while driver of a military vehicle on a military mission when a mine detonated.  He received lacerations of the left upper arm.  He was treated and returned to duty.  Since he is not seriously wounded no further reports will be furnished."  A copy of this telegram is in his official military record.


9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  Examples of enemy-related injuries include injury caused by enemy placed mine or trap. 

10.  Review of the applicant's record indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974. 

12.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows a unit to which the applicant was assigned (57th Transportation Company) was cited for award of the Meritorious Unit Commendation (MUC) for the period 28 December 1968 – 31 March 1970, by Department of the Army General Orders Number 52, dated 1974.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Purple Heart.  His record contains a Western Union Telegram indicating that he was slightly wounded in the left upper arm by a land mine while on a military mission.  He received medical treatment for his wounds and returned to duty.

2.  Regulatory guidance authorizes award of the Purple Heart for enemy-related injuries, to include injury caused by enemy placed mine or trap.  As such, the applicant has met the evidentiary threshold for award of the Purple Heart, and his record should be corrected as shown below.

3.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214. Therefore, he is entitled to have his records corrected to show this foreign unit award.

4.  The applicant's unit was awarded the MUC for the period 28 December 1968 through 31 March 1970.  Therefore, he is entitled to have his records corrected to show this unit award.

BOARD VOTE:

____X___  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:  

	a.  awarding the Purple Heart for wounds received as a result of hostile action in the RVN on 14 July 1970 and correcting the record to show this award;

	b.  authorizing the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correcting the record to show this award; and

	c.  awarding the MUC and correcting the record to show this award.



      _________X_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005758



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ABCMR Record of Proceedings (cont)                                         AR20080005758



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