RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  22 January 2004
	DOCKET NUMBER:  AR2003089754

	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. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Ronald J. Weaver		Member	
	Mr. Arthur A. Omartian		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 award of the Purple Heart (PH).

2.  The applicant states that the only evidence is in his military records, which the Department of the Army has.  He was an 11B infantryman stationed in the Central Highlands of Vietnam from August 1968 until he was injured in March 1969.  On or about 27 March 1969 he sustained serious injuries and was evacuated from Cam Ranh Bay, the Republic of Vietnam to a hospital in Japan on 28 March 1969, where he was a patient for two months.  He also states that he is drawing Veterans compensation for the injuries he sustained in the hostile action and his records are located at the Waco, Texas, Veterans Regional Office. He believes any solider who has earned any medal should receive it no matter what the time frame.

3.  The applicant provides a statement in his own behalf and a copy of a letter dated 21 April 2003, to Congressman Chat Edwards from the National Personnel Records Center, St. Louis, Missouri.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of the awards listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 18 January 1971.  The application submitted in this case is dated 25 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 military records show that he enlisted in the Regular Army as a private, pay grade E-2 on 28 February 1968, with prior service.  He completed training as an infantry intelligence & operations specialist in military occupational specialty 11F.  He served in Vietnam from 15 August 1968 to 6 May 1969 with Company A, 2nd Battalion, 35th Infantry, 4th Infantry Division and the United States Army Support Command, Cam Ranh Bay, the Republic of Vietnam.

4.  The applicant was honorably discharged, in pay grade E-5, on 18 January 1971.  Entries on his DD Form 214 do not show award of the Purple Heart.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign 

Ribbons Awarded or Authorized) lists the following awards:  the National Defense Service Medal, the Vietnam Service Medal, the Combat Infantryman Badge, the Vietnam Campaign Medal, two overseas service bars, and the Armed Forces Expeditionary Medal.

5.  There are no orders in the applicant’s service personnel records that show he was awarded the Purple Heart.  There is also no evidence in his records that he was wounded or treated for wounds as a result of hostile action.  His DA 
Form 2-1 (Personnel Qualification Record) does not list the Purple Heart in item 9 (Awards, Decorations & Campaigns).  The Vietnam Casualty Roster does not show the applicant’s name.

6.  The applicant reenlisted on 19 January 1971 and served continuously until his separation for length of service, in pay grade E-7, on 31 July 1985.  Entries on his DD Form 214 (Certificate of Release or Discharge from Active Duty) do not show award of the Purple Heart.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the following awards:  the National Defense Service Medal, the Vietnam Service Medal with three campaigns, the Republic of Vietnam Campaign Medal, the Combat Infantryman Badge, the Armed Forces Expeditionary Medal, the Army Commendation Medal, the Army Good Conduct Medal (6th Award), the Army Service Ribbon, the Noncommissioned Officer Professional Development Ribbon, two Overseas Service Ribbons, and the Expert Marksman Qualification Badge Rifle (M-16).

7.  In the processing of this case, the unit historical files of the applicant’s unit that are maintained at the National Archives, College Park, Maryland, were reviewed to determine if the applicant’s contentions could be supported by the unit records.  The unit historical files for the Company A, 2nd Battalion, 35th Infantry, 4th Infantry Division and the United States Army Support Command, Cam Ranh Bay, the Republic of Vietnam contained no confirmation that the applicant was wounded in action while serving in Vietnam or was entitled to the Purple Heart.

8.  Army Regulation 600-8-22 (Military Awards) 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 by a medical officer, and the medical treatment must have been made a matter of official record.

9.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the Company A, 2nd Battalion, 35th Infantry, 4th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army General Order Number 38, dated 1970, amended Department of the Army General Order Number 3, dated 1970.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the Company A, 2nd Battalion, 35th Infantry, 4th Infantry Division, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge by Headquarters, Department of the Army General Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to award the Purple Heart it is necessary to establish that a soldier was wounded or injured in action.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was awarded the Purple Heart or that he was wounded or treated for wounds as a result of hostile action.  Therefore, there is insufficient evidence for award of the Purple Heart.

2.  Records show the applicant should have discovered the error or injustice now under consideration on 18 January 1971, the date of his separation from active duty.  As a result, the time for the applicant to file a request for correction of any error or injustice expired on 18 January 1974.  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 the failure to timely file.

3.  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

__jl____  ___rw___  ___ao___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested.

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 entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation Badge on his DD Form 214 with a date of 31 July 1985.

		___Joann Langston___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089754	
SUFFIX		
RECON		
DATE BOARDED	20040122	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY W/NOTE	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.