RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  27 January 2004
	DOCKET NUMBER:  AR2003088184

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. Lester Echols		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 in the right leg by a grenade of unknown origin during a river crossing in November 1970.

3.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error, which occurred on 14 February 1973, the date of his discharge.  The application submitted in this case is dated 10 March 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's available records show that he entered active duty on 6 March 1969 and completed training as a direct fire crewman in military occupational specialty 11H.  He was promoted to pay grade E-4 effective 2 April 1970.  He served in Vietnam from 22 August 1970 through 20 March 1971.  His award order for the Army Commendation Medal shows that he served with Company E, 1/506th Infantry as an infantryman from 1 October 1970 through 28 February 1971.

4.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows that he was separated from active duty in the pay grade of E-3 effective 14 February 1973 and transferred to the Army National Guard.  The Purple Heart is not listed as an authorized award.  It is also noted that he was not awarded the Combat Infantryman Badge or any bronze service stars for the Vietnam Service Medal.

5.  On his Report of Medical History at the time of separation the applicant indicated that he had a piece of shrapnel removed from his right leg in 1972 and retains a scar.  There are no other military medical records available for review and his name does not appear on the Vietnam Casualty List as having been wounded in action.

6.  Army Regulation 600-8-22 prescribes Army policy for individual awards.  The regulation provides that one bronze service star is authorized for wear on the Vietnam Service Medal for participation in each named campaign.  A review of the regulation and the applicant's records shows that he is entitled to one bronze service star based on participation in one campaign.

7.  The regulation also provides for award of the CIB.  The regulation states that there were basically three requirements for award of the CIB.  The soldier must have been an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.

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 provides information to establish eligibility for unit citation badges awarded during the Vietnam conflict.  The pamphlet shows that the applicant's unit during his period of assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record fails to show that the applicant was wounded as a result of enemy action and entitled to an award of the Purple Heart.  

3.  The evidence of record shows the applicant served as an infantryman in an infantry company for at least 5 months with the 1/506th Infantry, while serving in Vietnam.  Therefore, there is sufficient evidence that he is entitled to the award of the CIB.

4.  The applicant’s unit, during his period of assignment, was credited with participation in one campaign and he is entitled to one bronze service star for the Vietnam Service Medal and award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on regulations.

BOARD VOTE:

__ao____  __ym____  __le____  GRANT 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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the CIB and showing that he is entitled to one bronze service star for the Vietnam Service Medal and the 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 award of the Purple Heart.

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2003088184	
SUFFIX		
RECON		
DATE BOARDED	20040127	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.