BOARD DATE:	  16 July 2013

		DOCKET NUMBER:  AR20120020471 


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.  He also requests that the Purple Heart and Presidential Unit Citation (PUC) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states he was shot in his left hip in Kontum, Vietnam sometime in 1972 (probably summer) when he was assigned to the Studies and Observations Group, Military Assistance Command, Vietnam (MACV-SOG).  He also believes MACV-SOG was cited for award of the PUC while he was assigned to the unit from February 1972 to January 1973.

3.  The applicant provides:

* his DD Form 214
* a Department of Veterans Affairs (VA) Rating Decision documenting his gunshot wound
* a 2008 radiology report documenting current existence of shrapnel
* post-traumatic stress disorder questionnaire
* MACV-SOG PUC documentation from the internet

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.  On 26 March 1970, the applicant enlisted in the Regular Army.  He was awarded military occupational specialty 05C (Radio Teletype Operator).

3.  A DA Form 2446-R (Request for Orders), dated 13 October 1972, contains a handwritten annotation showing "MAV-SOG."

4.  General Orders Number 16, issued by the 518th Adjutant General Personnel Service Company, dated 10 January 1973, awarded him the Army Good Conduct Medal (AGCM) (1st Award).

5.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* Item 38 (Record of Assignments) he was assigned to:

* Headquarters, MACV, performing duties as a radio teletype operator during the period 3 February 1972 to 8 November 1972
* 57th Assault Helicopter Company, performing duties as a radio teletype operator during the period 9 November 1972 to 10 January 1973
* 57th Aviation Company, performing duties as a radio teletype operator during the period 11 January 1973 until his departure from Vietnam

* Item 38 also shows he received all "excellent" conduct and efficiency ratings throughout his service
* item 40 (Wounds) is void of an entry

6.  His DA Form 20 also shows in item 41 (Awards and Decorations) he was awarded or authorized the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), Republic of Vietnam (RVN) Campaign Medal with Device (1960), AGCM, one overseas service bar, and Expert Marksmanship Qualification Badge with Rifle Bar.

7.  On 29 January 1973, he was honorably released from active duty in the rank of sergeant/E-5.  He completed 2 years, 10 months, and 4 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the NDSM, VSM, Bronze Star Medal, RVN Campaign Medal with Device (1960), Combat Infantryman Badge, RVN Gallantry Cross with Palm Unit Citation, and one overseas service bar.

8.  The applicant's records contain a statement from Sergeant (SGT) RLW (Medical Advisor), dated 14 August 1972.  SGT RLW states that on 26 July 1972 the applicant received a fragment wound in the left lateral portion of the gluteus maximus.  The wound was cleansed and dressed.  The applicant was then evacuated to the 67th Evacuation Hospital in Pleiku.  An X-ray of the wound discovered a small fragment one centimeter in length and one millimeter in thickness in the soft muscle tissue of the gluteus maximus approximately two centimeters in the soft muscle tissue and not near any major veins or arteries or obstructing the movement of the hip joint in any way.  It was decided not to remove the fragment by surgery.  The applicant was released for duty.

9.  He provides a VA rating decision document which contains the entry "Residuals, gunshot wound, left hip."

10.  He also provides a VA Radiology Report, dated 18 March 2008, verifying there was one 2 or 3 milimeter metallic density seen at or just under the skin in the lower left flank at the top of the gluteal prominence.

11.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 award of the Purple Heart pertaining to the applicant.

12.  His record is void of documentation showing he was awarded the Purple Heart by the proper authority.

13.  Review of Vietnam casualty list does not show the applicant's name.

14.  Department of the Army General Orders (DAGO) 25, dated 8 June 2001, cited the MACV-SOG for award of the Presidential Unit Citation for the period 24 January 1964 to 30 April 1972.

15.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.
16.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

17.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam and states a bronze service star will be awarded for wear on the VSM for participation in each campaign.  During his tour of duty in Vietnam participation credit was awarded for the following two campaigns:

* Consolidation II (1 December 1971-29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972-28 January 1973)

DISCUSSION AND CONCLUSIONS:

1.  He contends he was shot in the left hip in Kontum.  A statement by a SGT (medical advisor) states he received a fragment wound on 26 July 1972, the wound was cleansed and dressed, and he was then evacuated to the 67th Evacuation Hospital where an X-ray of the wound revealed a small fragment.  However, there is no evidence he received this wound as the result of enemy action.  Therefore, there is insufficient evidence to support awarding him the Purple Heart and correcting his DD Form 214 to show this award.

2.  General Orders Number 16 awarded him the AGCM (1st Award).  Therefore, he is entitled to have this medal added to his DD Form 214.

3.  He participated in two campaigns during his service in Vietnam which entitles him to two bronze service stars for wear on his already-awarded VSM.  As such, his DD Form 214 should be corrected to show these bronze service stars.

4.  His records indicate he was assigned to MACV-SOG while in Vietnam.  DAGO 25 shows this unit was cited for award of the PUC for the period he was assigned to the unit.  Therefore, it would be appropriate to add the PUC to his DD Form 214.

5.  Therefore, his records should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  deleting the VSM from his DD Form 214, and

	b.  adding the following awards to his DD Form 214:

* AGCM (1st Award)
* VSM with two bronze service stars
* PUC

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.




      _______ _ 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)                                         AR20120020471



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ABCMR Record of Proceedings (cont)                                         AR20120020471



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