BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100008093 


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 addition of the Purple Heart and Combat Infantryman Badge (CIB) to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

	a.  He was wounded in Vietnam and treated in the field while assigned to Company D, 1st Battalion, 8th Cavalry, 1st Cavalry Division.  Morning reports may help verify he was wounded in the field.

	b.  With military occupational specialty (MOS) 11B2O (Light Weapons Infantryman), he also should have been awarded the CIB.

	c.  While serving in active duty combat in Vietnam, he received a gunshot wound to his left leg.  He received treatment by medics in the field, but [the injury] was never followed up on by his unit or any other unit.  He asks that the morning reports be checked to see if [his injury] was ever documented in them.

	d.  He believes he incurred his injury sometime during the 4-month period February through May 1968.  A fellow Soldier who served with him throughout his tour of duty agrees the injury had to have been incurred during this period.

3.  The applicant provides a radiology report prepared by a Department of Veterans Affairs Medical Center (VAMC).

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 of the United States on 6 February 1967.  He was trained in and awarded MOS 11B.  He was released from active duty on 5 February 1969 after completing 2 years of active military service.

3.  His DA Form 20 (Enlisted Qualification Record) shows in item 31 (Foreign Service) that he served in Vietnam from 3 July 1967 through 2 July 1968.

4.  Item 38 (Record of Assignments) of his DA Form 20 shows that during his service in Vietnam the applicant was assigned to Company D, 1st Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), and served in MOS 11B.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Air Medal, and Vietnam Campaign Medal.

6.  There are no orders in the applicant's service personnel records which show he was awarded the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action.  His DA Form 20 does not show an entry in item 40 (Wounds) or list the Purple Heart in item 41 (Awards and Decorations).  The applicant's name is not listed on the Vietnam casualty roster.

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.

8.  The applicant's service medical records are not available to the Board for review.

9.  Morning reports for the applicant's unit are not available to the Board for review.

10.  The VAMC report provided by the applicant documents a radiology examination of his left leg conducted on 16 September 2008.  The report shows the applicant had a clinical history of a "war injury" and noted "changes in the proximal tibia secondary to old trauma with post-traumatic changes of the knee."

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

12.  Special Orders Number 276, Headquarters, 1st Cavalry Division (Airmobile), dated 3 October 1967, awarded the CIB to the applicant.

13.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

14.  General Orders Number 4590, Headquarters, 1st Cavalry Division (Airmobile), dated 11 June 1968, announced award of the Army Commendation Medal (ARCOM) to the applicant for his service in Vietnam during the period July 1967 to July 1968.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the campaign periods for the Vietnam era.  The following four designated campaigns coincide with the applicant's period of service in Vietnam:

* Vietnamese Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnamese Counteroffensive Phase V (1 July 1968-1 November 1968)

16.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, in this case the Vietnam Service Medal, for each credited campaign.

17.  Special Orders Number 75 and Special Orders Number 81, Headquarters, 3d Training Brigade, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.

18.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 8th Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

19.  Army Regulation 15-185 (Army Board for Correction of Military Records) states the ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for addition of the Purple Heart and CIB to his DD Form 214 is partially supported by the evidence.

2.  There is no evidence of record showing the applicant required medical treatment for a wound received as a result of hostile action.  His service medical records are not available for review and there are no additional medical documents or other records showing he was wounded by hostile action and treated for such wounds.  Although the VAMC report he provides shows a clinical history of a "war injury" and indicates there is evidence of "old trauma" to his left leg, the report provides no details as to the cause of the trauma or when it was incurred.  Based on the available evidence, he is not entitled to award of the Purple Heart.

3.  The applicant requested a review of unit morning reports but did not provide relevant morning reports with his application.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.

	a.  During the Vietnam era, unit morning reports were filed daily as a method of accounting for a unit's assigned personnel.  The reports documented Soldiers who were not present for duty and included basic information on the reason for absences.  Although the applicant states unit morning reports may establish that he was wounded, on their own these records generally do not contain sufficient detail to establish that a wound was the result of hostile action or required treatment by medical personnel.  Unit morning reports do not constitute an official record of medical treatment.

	b.  In some instances, a unit morning report may help substantiate a claim that a Soldier was wounded, but only in the context of other documentary evidence such as service medical records.  Unfortunately, in this case the only documentary evidence indicating the applicant was wounded is a note on a VAMC report indicating a clinical history of "war injury."

	c.  The National Personnel Records Center is the archive facility for Vietnam-era unit morning reports.  If the applicant believes a unit morning report will help substantiate his claim that he was wounded in action, he may submit a request to that agency.  Any additional documentation he is able to obtain may be submitted to this Board for review.

4.  Special orders awarded the applicant the CIB and the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.  He is entitled to correction of his record to show these awards.

5.  General orders awarded the applicant the ARCOM.  He is entitled to correction of his record to show this award.

6.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his previously-awarded Vietnam Service Medal.

7.  General orders cited the applicant's unit for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969.  The applicant was assigned to the unit during this period.  Therefore, he is entitled to correction of his record to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__x______  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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:

	a.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the:

* Army Commendation Medal
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars
* Republic of Vietnam Gallantry Cross with Palm 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 the Purple Heart.



      ____________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)                                         AR20100008093



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings