RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  8 January 2004
	DOCKET NUMBER:  AR2003087773

	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.  

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Ms. Linda M. Barker		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	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 he be awarded the Purple Heart. 

2.  The applicant states that he was wounded by hostile fire between April to May 1970 time frame and was hospitalized for approximately 10 to 12 days. 

3.  The applicant provides no documentation. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 13 April 1973, the date of his discharge.  The application submitted in this case is dated 13 February 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant military records show he was inducted on 17 March 1969, as a light weapons infantryman (11B).  He served in Vietnam from 27 February 1970 to 13 January 1971.  A review of his records shows he was assigned as a rifleman from 13 March to 19 April 1970 and as a wheeled vehicle mechanic from 20 April 1970 to 9 January 1971.  He continued to serve until he was honorably discharged on 14 April 1970, in order to reenlist.  He reenlisted on 15 April 1970. He continued to serve until he was honorably released from active duty on 13 April 1973.  He was transferred to the Army Reserve. 

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows he was awarded the Army National Defense Service Medal, the Vietnam Service Medal with two bronze service stars, the Vietnam Campaign Medal with 60 Device, two Overseas Service Bars, the Army Commendation Medal, the Bronze Star Medal, the Good Conduct Medal, and the Sharpshooter Qualification Badge (M16).  His DD Form 214 does not show the Purple Heart as an authorized award.  

5.  His DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations).  

6.  There are no orders in the applicant’s service personnel records which show that 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.

7.  The applicant’s name failed to appear on the Vietnam Casualty List for a wound received during his service in Vietnam as a result of enemy action.

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

9.  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. 

10.  The same register also shows that, at the time of the applicant's assignment to the 1st Battalion, (AML), 506th Infantry, the 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 48, dated 1971.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions are noted; however, there is insufficient evidence available to the Board, and the applicant has provided no evidence, which shows that he was injured or wounded while serving in Vietnam during the period April to May 1970.  Therefore, there is insufficient basis to approve an award of the Purple Heart.

2.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to administrative correction of his records to show these awards.

3.  Records show the applicant should have discovered the error or injustice now under consideration on 13 April 1973; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 12 April 1976.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__kn___  ___lb____  ___jm___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  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 to show the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

		___Kathleen A. Newman____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087773	
SUFFIX		
RECON		
DATE BOARDED	20040108	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19730413	
DISCHARGE AUTHORITY	AR  635-200	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	61	
2.		
3.		
4.		
5.		
6.