RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2005 DOCKET NUMBER: AR20050001265 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. Luis Almodova Senior Analyst The following members, a quorum, were present: Mr. Shirley L. Powell Chairperson Mr. Robert L. Duecaster Member Ms. Jeanette R. McCants Member 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, in effect, that he be awarded the Purple Heart. 2. The applicant states, in effect, that he was hit with sharp metal while on Landing Zone Sally while they were being shelled and attacked. His foot was taken care of in early 1969. The medic who took care of his foot said that he wasn't putting him in for a Purple Heart because he still had a lot of time in country and would most likely be wounded again or killed before his time was up. 3. The applicant provides a copy of a letter addressed to him by the Department of Veterans Affairs (VA) which awards him service-connected compensation benefits in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice which occurred on 19 December 1969. The application submitted in this case is dated13 January 2005. 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 limitations 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 was inducted into the Army of the United States on 2 May 1968. He completed his basic combat training at Fort Campbell, Kentucky, and his advanced individual training at Fort Leonard Wood, Missouri. After completing all required training, he was awarded the military occupational specialty (MOS), 12A (Pioneer). 4. The applicant was assigned to Vietnam and he arrived there on 19 December 1968. He was assigned to Company C, 27th Engineer Battalion. He remained assigned to this unit throughout his assignment in Vietnam. The applicant was returned to the United States for release from active duty on 18 December 1969. 5. The applicant was released from active duty on 19 December 1969, under the provisions of Army Regulation (AR) 635-200, Early Separation of Overseas Returnee, in the rank and pay grade of Specialist Four, E-4, with 1 year, 7 months, and 18 days, active military service. 6. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, Armed Forces of the United States Report of Transfer or Discharge, shows he was awarded: the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal; the Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]; and two overseas service bars. The Purple Heart is not shown among these awards. 7. The applicant provided a copy of a letter addressed to him from the VA dated 21 December 2004 wherein he was awarded service-connected compensation and benefits; however, the fact and circumstances which served as the basis for the VA's decision are not shown in the text of the letter. 8. There are no orders in the applicant's service personnel records to show that he was awarded the Purple Heart. There is no entry in Item 40 (Wounds), of the applicant's DA Form 20, Enlisted Qualification Record, showing the applicant was wounded in action against a hostile enemy. There is no entry in Item 41 (Awards and Decorations) showing that he was awarded the Purple Heart. The applicant's name does not appear on the Vietnam Casualty List. 9. The applicant was awarded the Good Conduct Medal by General Orders Number 30, published by Headquarters, 27th Engineer Battalion, on 11 November 1969. This award was omitted from his DD Form 214 when he was released from active duty. 10. The applicant's DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the bronze service stars to which the applicant is entitled for his campaign participation. 11. While in Vietnam, the applicant participated in the following four campaigns: the Vietnam Counteroffensive, Phase VI, which extended from 2 November 1968 through 22 February 1969; the Tet 69 Counteroffensive, which extended from 23 February through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October 1969; and the Vietnam Winter-Spring 1970, which extended from 1 November 1969 through 30 April 1970. 12. AR 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in its Appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, in this case, the Vietnam Service Medal. 13. DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, which lists unit awards received by units serving in Vietnam, shows that the unit the applicant was assigned to was awarded the Meritorious Unit Commendation, for the period 1 July 1968 through 28 February 1969, by Department of the Army General Order (DAGO) Number 51, dated 1971. This unit award is not shown on his DD Form 214. 14. The applicant's unit, a subordinate unit of the United States Army, Vietnam, was awarded the Republic of Vietnam Gallantry Cross, with Palm Unit Citation. He is entitled to have this unit award added to his DD Form 214. 15. AR 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. This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart. 16. AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S. and foreign unit awards. This regulation states that a Soldier may wear the unit award permanently if the individual was assigned to, and present for duty with the unit any time during the period cited; or was attached by competent orders to, and present for duty with the unit during the entire period, or for at least thirty consecutive days of the period cited. DISCUSSION AND CONCLUSIONS: 1. There is insufficient evidence available to the Board, which shows that the applicant was wounded or treated for wounds due to hostile action while he served in Vietnam; therefore, he is not entitled to award of the Purple Heart. 2. There is no documentary evidence in the applicant's service record, and the applicant provided none, to specifically show that he was wounded in his foot and was treated for this wound, in his unit or elsewhere, while he served in Vietnam. 3. The applicant participated in four campaigns during his tour of duty in Vietnam. He is therefore entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and to have them shown on his separation document. 4. The applicant was awarded the Good Conduct Medal. This award is not shown on his DD Form 214. It would be appropriate to add this award to his DD Form 214. 5. The applicant served in a unit that was awarded the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. He is entitled to these unit awards and to have them added to his DD Form 214. 6. Records show the applicant should have discovered the alleged error or injustice now under consideration on 19 December 1969; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 18 December 1972. 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 timely file in this case. 7. 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 3 of the BOARD DETERMINATION/RECOMMENDATION section below. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___rld___ ___jrm __ ____slp__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that 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. As a result, the Board further determined that there is no evidence provided which shows that it would 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. Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned. 3. 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 by: a. adding the already-awarded Good Conduct Medal to the applicant's DD Form 214; b. awarding the applicant four bronze service stars to be affixed to his Vietnam Service Medal, to denote his participation in four campaigns while he served in Vietnam, and to be shown on his DD Form 214 as the Vietnam Service Medal, with four bronze service stars; and c. awarding the applicant the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding these unit awards to his DD Form 214. __________Shirley L. Powell_________ CHAIRPERSON INDEX CASE ID AR20050001265 SUFFIX RECON DATE BOARDED 20050913 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1.46 107.0000 2.61 107.0015 3. 4. 5. 6.