IN THE CASE OF:	  

		BOARD DATE:  6 March 2012

		DOCKET NUMBER:  AR20110016188 


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 award of the Purple Heart (PH) and addition of the award to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect:

   a.  Although he was wounded in Vietnam and medical records indicate he was awarded a PH, he never received the PH, and it was never annotated on his 
DD Form 214, or placed in his records.  In fact, the medical treatment records were never added to his medical file.  A Member of Congress located them in the 6th Convalescent Center files in 1971.

   b.  He was a machine gunner in a convoy going to Vung Tau from Long Binh and they stopped at an ANZAC Fire Base to unload some supplies.  It got late and they stayed overnight.  While he was there some small activity occurred and he managed to be in the way of a bullet.  As he recalls, the doctor told him the wound appeared to be from a 7.62 round.  He was medically evacuated by helicopter to a hospital where he underwent surgery.  After a few days he was sent to the 6th Convalescent Center and later returned to duty.

   c.  Since he did not go to the hospital through his unit, he did not have his medical records jacket and apparently a temporary medical record was started.  The 6th Convalescent Center should have forwarded the medical documents to his unit's Troop Medical Clinic for inclusion in his medical record, but that apparently did not happen.  He noticed one of the forms has a pen and ink change on it.  Perhaps that is why the stuff did not get forwarded to his Troop Medical Clinic.  

3.  He provides:

* DA Form 8-275 (Clinical Record Cover Sheet)
* Standard Form (SF) 514 (Clinical Record - Laboratory Report)
* SF 539 (Clinical Record - Abbreviated Clinical Record)
* SF 509 (Clinical Record - Doctor's Progress Notes)
* DD Form 640 (Nursing Notes)

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's military records show he served in the Regular Army (RA) from 12 September 1967 to 2 June 1968 in military occupational specialty (MOS) 64A (Vehicle Operator).  On 3 June 1968, he reenlisted in the RA in his prior MOS.

3.  He served in Vietnam from 14 October 1969 through on or about 13 October 1970 in MOS 64A.  He was assigned to:

* 534th Transportation Company from 24 October to 19 November 1969
* 62nd Transportation Company from 20 November 1969 to 13 October 1970 

4.  There are no orders in his military personnel records awarding him the PH.

5.  He was discharged on 3 May 1970, in pay grade E-2, with a General Discharge Certificate. 


6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 3 May 1970 lists the National Defense Service Medal and the Vietnam Service Medal.

7.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) does not show he was in a patient status during his period of service in Vietnam.  

8.  There is no entry in item 40 (Wounds) of his DA Form 20 showing he was wounded in action as a result of hostile action.  Item 41 (Awards and Decorations) of this form also contains no entry showing he was awarded the PH.

9.  He provided a copy of a DA Form 8-275 which shows he was admitted to the 93rd Evacuation Hospital on 1 December 1969 with a GSW (gunshot wound) to the buttocks.  Item 3 (Type of Case) contains the entry WIA (wounded in action). item 25 (Selected Administrative Data) contains a handwritten entry "PH Award: GO [General Orders] 312, dtd 27 Nov 69, 93d Evac Hosp, APO 96491."

10.  He also provided copies of the following:
   
* SF 514, dated 1 December 1969, which shows he sustained a GSW to his left buttock
* SF 539 which shows he sustained a GSW to his left buttock on 27 November 1969
* SF 509 which shows he underwent surgery
* DD Form 40 which shows he was admitted to the hospital on 1 December and released to duty on 11 December 1969

11.  A General Services Administration (GSA) Form 6932 (Organizational Records Search Request and Reply), dated 28 September 1970, indicates the clinical records of the 233rd General Hospital were not on file.  The 1969 clinical records of the 93rd Evacuation Hospital were retired, but they did not contain a record for the applicant.

12.  A GSA Form 6932, dated 28 September 1972, stated clinical records between 1969 to 1970 for the 6th Convalescent Center and the 196th Hospital did not contain records for the applicant.


13.  On 9 February 1976, he was issued a DD Form 215 (Correction to DD Form 214) amending several items on his 1970 DD Form 214, to include adding to item 24 on this form the:

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device 1960
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

14.  He again enlisted in the RA on 5 October 1979.  He was awarded MOS 71L (Administrative Specialist).  He was honorably discharged on 3 April 1987 at the expiration of his term of service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the PH.

15.  The Vietnam casualty listing does not show his name.

16.  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 U.S. Army Human Resources Command, failed to reveal any orders for the PH pertaining to him.

17.  Army Regulation 600-8-22 (Military Awards) states the PH 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a DA Form 8-275 which shows he sustained a GSW as a result of enemy action in Vietnam on 27 November 1969.  This form also shows he was admitted to the 93rd Evacuation Hospital, he received treatment, and the treatment was made a matter of official record.  This same DA Form 
8-275 also contains the entry "WIA" and it is annotated to show general orders were issued on 27 November 1969 awarding him the Purple Heart.  

2.  Despite the fact that a copy of the DA Form 8-275, general orders for the award, or clinical records pertaining to him were not located by searches conducted by GSA in 1970 and 1972 the available evidence provided by the applicant shows he met the criteria in accordance with pertinent regulations for award of the PH as a result of hostile action in Vietnam.  He is therefore entitled to award of the PH and correction of his DD Form 214 to show this award.


BOARD VOTE:

____X  __  ____X __  ____X  __  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  awarding the applicant the Purple Heart for wounds received in hostile action in Vietnam on 27 November 1969; 
   
   b.  adding the Purple Heart to item 24 of his DD Form 214, dated 3 May 1970; and
   
   c.  providing him a document to show the above correction.



      _______ _   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)                                         AR20110016188



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016188



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1