RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 December 2003                   
	DOCKET NUMBER:   AR2003090965

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann		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 correction of his DD Form 214 (Report of Separation from Active Duty) to show award of the Purple Heart.

2.  The applicant states that on or about June 1967, while serving in Vietnam, he was in an Army vehicle when a window shattered and he injured the left side of his face.  He contends that he is not sure if it was the result of hostile fire, but they had been receiving hostile fire earlier.

3.  The applicant provides a letter of explanation, dated 28 April 2003, and a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 5 August 1967.  The application submitted in this case is dated 1 May 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 was inducted on 21 October 1965.  He served as a heavy vehicle driver assigned to the 556th Transportation Company in Vietnam from 
12 August 1966 through 3 August 1967 and was released from active duty on 
5 August 1967.  The applicant entered active duty again on 10 October 1974 and was honorably discharged on 6 October 1978. 

4.  The applicant's DD Form 214 for the period ending 5 August 1967 shows the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Driver Badge, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

5.  The applicant's DD Form 214 for the period ending 6 October 1978 shows the National Defense Service Medal, the Good Conduct Medal, the Air Assault Badge, the Vietnam Campaign Medal, the Vietnam Service Medal, the Expert Marksmanship Qualification Badge with Hand Grenade Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

6.  There is no evidence in the available records which shows that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

7.  His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant’s name does not appear on the Vietnam Casualty Roster.

8.  The applicant underwent a separation physical examination on 5 August 1967 which makes no mention of any injuries or wounds sustained as the result of hostile action in Vietnam.

9.  The applicant participated in two campaigns during his assignment in Vietnam. 

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit was cited for award of the Meritorious Unit Commendation for actions during the period 12 May 1966 to 
31 August 1968 by Department of the Army General Orders Number 28, dated 1969.  
      
11.  Department of the Army General Number Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

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

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.  

2.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

3.  The applicant's unit received the Meritorious Unit Commendation while he was assigned to it. 

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.

5.  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 Army Review Boards Agency (ARBA) Support Division, 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

FNE____  MHM_____  PHM___  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 and, therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the records of the individual concerned to show he was awarded the Vietnam Service Medal with two bronze service 

stars, the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

		__Fred N. Eichorn______
		        CHAIRPERSON

INDEX

CASE ID	AR2003090965	
SUFFIX		
RECON		
DATE BOARDED	20031202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0000	
3.		
4.		
5.		
6.