IN THE CASE OF:	  

		BOARD DATE:	    18 November 2010

		DOCKET NUMBER:  AR20100013510 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states:

* He was wounded in Vietnam on 6 October 1965
* He was assigned to the reconnaissance platoon, Headquarters and Headquarters Company (HHC), 1st Battalion, 503rd Infantry of the 173rd Airborne Brigade
* His platoon was hit by several rounds of artillery and he received a shrapnel wound to his right foot
* His injury was not serious, he declined evacuation, and he continued his patrol
* When they got back to base camp his platoon sergeant told him he had been put in for the Purple Heart
* His injury was treated at the medic tent  

3.  The applicant provides two eyewitness statements from fellow Soldiers at the time in question.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army on 6 September 1963 for a period of 3 years.  He arrived in Vietnam on 21 July 1965.  He served as an infantry operations and intelligence specialist assigned to HHC, 1st Battalion, 503rd Infantry in Vietnam from 21 July 1965 to 8 July 1966.  On 12 July 1966, the applicant was honorably released from active duty in the temporary rank of specialist five after completing 2 years, 9 months, and 7 days of creditable active service with no time lost.

3.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Combat Infantryman Badge, Parachutist Badge, Vietnam Service Medal, and one Overseas Service Bar as authorized awards.

4.  There are no orders for the Purple Heart in the applicant’s service personnel records.  

5.  Section 8 (Wounds Received Through Enemy Action) on the applicant's DA Form 24 (Service Record) is blank.  Section 9 (Medals, Decorations, and Citations) on his DA Form 24 does not show entitlement to the Purple Heart.

6.  The applicant's name does not appear on the Vietnam Casualty Roster.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart.

8.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.
9.  Records show the applicant participated in three 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, 1st Battalion, 503rd Infantry, at the time of his assignment was awarded the:

* Presidential Unit Citation for actions on 8 November 1965, based on Department of the Army General Orders (DAGO) 40, dated 1966
* Meritorious Unit Commendation for actions during the period 5 May 1965 to 4 May 1967 based on DAGO 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO 51, dated 1971

11.  In support of his claim, the applicant provided an eyewitness statement from his squad leader at the time in question.  He attests the applicant was a member of the reconnaissance platoon of HHC, 1st Battalion, 503rd Airborne Infantry, 173rd Airborne Brigade.  On 6 October 1965, during a search and destroy operation, his platoon came under heavy artillery fire and the applicant was wounded in the right foot.  The applicant was treated in the field by the platoon medic.

12.  The applicant also provided an eyewitness statement from the senior and only medic assigned to the reconnaissance platoon, HHC, 1st Battalion, 503rd Airborne Infantry, 173rd Airborne Brigade on 6 October 1965.  He attests on that day they were hit by artillery and suffered 7-8 wounded and 2-3 dead and he attended to all of them.  He states the applicant was wounded by shrapnel in the right foot just behind his large toe and that the applicant was further given aid at the battalion medical clinic for his wound.  He indicates for unknown reasons the applicant was never awarded the Purple Heart in spite of his official documentation of his wound.  He never knew of the oversight until recently when speaking to the applicant.  He goes on to state he contacted the Military Awards Branch and was made aware that no record of his submission for the Purple Heart was recorded and he would like to correct this oversight.  In closing, to clarify the date of the action, he provided the names of two Soldiers who were killed in action on 6 October 1965 from head wounds.  (The Vietnam Casualty Roster shows both Soldiers were killed in action on 6 October 1965).  Information obtained from the internet shows the senior medic is a retired lieutenant colonel, that he was a medic in the Army, and that he received the Medal of Honor for actions in Vietnam.          

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

14.  Army Regulation 600-8-22 states the Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

16.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

17.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was wounded in Vietnam on 6 October 1965 when his platoon was hit by several rounds of artillery and that he received a shrapnel wound to his right foot.

2.  The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  However, in this case, the statement provided by the senior medic at the time in question (a retired lieutenant colonel and Medal of Honor recipient) confirms that the applicant was wounded in action on 6 October 1965 in Vietnam and received treatment of his injuries.  Therefore, this statement is accepted as sufficient as a basis for award of the Purple Heart in this case.   

3.  Based on the applicant's service in Vietnam, he is eligible for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this medal.

4.  The applicant was separated in the temporary rank of specialist five with 
33 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 6 September 1963 through 12 July 1966 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

5.  The applicant served in Vietnam from July 1965 to July 1966.  Based on calculating credit toward the overseas service bar during the Vietnam era, he served for a total of 13 months.  Therefore, he is entitled to two Overseas Service Bars.

6.  The applicant participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  Therefore, his DD Form 214 should be corrected to show the authorized service stars.

7.  The applicant's unit in Vietnam was cited for the Presidential Unit Citation, Meritorious Unit Commendation, and Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.


BOARD VOTE:

___X____  __X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 26 of his DD Form 214 the "Overseas Bar";

	b.  awarding him the Purple Heart for wounds received in action on 6 October 1965 in Vietnam; 

	c.  awarding him the first award of the Good Conduct Medal for the period 
6 September 1963 through 12 July 1966; and

	d.  adding the Purple Heart, Good Conduct Medal, Republic of Vietnam Campaign Medal with Device (1960), Presidential Unit Citation, Meritorious Unit Commendation,  Republic of Vietnam Gallantry Cross with Palm Unit Citation, two Overseas Service Bars, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214. 




      _______ _   X____   ___
      	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20100013510





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ABCMR Record of Proceedings (cont)                                         AR20100013510



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