IN THE CASE OF:	  

		BOARD DATE:	  9 July 2013

		DOCKET NUMBER:  AR20120022071 


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:

   a.  award of the Purple Heart and Army Good Conduct Medal (AGCM); 
   
   b.  that the Valorous Unit Award (VUA), Presidential Unit Citation (PUC), Republic of Vietnam Gallantry Cross with Palm Unit Citation, four bronze service stars, and the Cold War Victory Commemorative Medal be added to his DD form 214; and
   
   c.  that he be issued medal sets for the above awards.

2.  The applicant states he should be awarded the Purple Heart for wasp stings that he received in Vietnam.  When he was setting up a trip flare, he accidentally tripped a booby trap that contained a hornet’s nest.  The booby trap hit him in the chest and he suffered over 200 bee stings on his face, neck, chest, hands, and legs.  The booby trap was designed to disorient a squad.

3.  The applicant provides a DD Form 1380 (U.S. Army Field Medical Card).

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 was inducted into the Army of the United States on 20 March 1968.  He completed one-station unit training as an infantryman at Fort Lewis, Washington and he was transferred to Vietnam on 18 August 1968.

3.  He was initially assigned to C Troop, 1st Squadron, 11th Armored Cavalry Regiment and on 6 September 1968 he was transferred to F Troop, 2nd Squadron, 11th Armored Cavalry Regiment.

4.  The field medical card submitted by the applicant shows he sustained a wasp sting while setting out a trip flare at 1900 hours on 29 September 1968 and he was treated on 30 September 1968 at 0700 hours with ice, Darvon, and a dressing.  It also indicates the injury was the result of enemy action.

5.  After serving in four campaigns, on 10 August 1969, the applicant departed Vietnam and he was transferred to Fort Hood, Texas where he remained until he was honorably released from active duty (REFRAD) on 19 March 1970.  He had served 2 years of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Service Medal with three bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.

6.  A review of his official records failed to show any additional evidence of the applicant being wounded or injured as a result of enemy action or being awarded the Purple Heart.  Further, his name is not contained on the Vietnam Casualty Listing.

7.  However, his records do show that he had “excellent” conduct and efficiency ratings and his record is void of any derogatory information that would serve to disqualify him for award of the AGCM.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. 

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that the applicant’s unit was awarded the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he served with the unit.  It does not show the applicant’s unit was awarded the PUC during the period he served with the 11th Armored Cavalry Regiment.

12.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain his medals by submitting his request in writing to:  National Personnel Records Center, ATTN: Army Reference Branch, 1 Archives Drive, St. Louis, Missouri  63138.  This issue will not be further addressed in this Record of Proceedings.

13.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.  




DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant’s claim that he was stung over 200 times by bees that were integrated into a booby trap is not in doubt, the treatment card he provides simply indicates a “Wasp Sting” occurred while setting out a trip flare.

2.  Unfortunately, without further supporting evidence to show that his injury was in fact the result of enemy action, it appears that a single wasp sting is not sufficient evidence to warrant award of the Purple Heart at this time.

3.  However, the evidence of record does show the applicant served during a qualifying period for award of the AGCM (1st Award) for the period 20 March 1968 to 19 March 1970.

4.  The applicant also served in four campaigns in Vietnam and he is entitled to wear four bronze service stars on his already-awarded Vietnam Service Medal.

5.  Additionally, the applicant’s unit was awarded the VUA and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and he is entitled to have those awards added to his DD Form 214.

6.  However, there is no evidence to show his unit was awarded the PUC during the period he served with the unit; therefore, there is no basis to add it to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

* Deleting the Vietnam Service Medal with three bronze service stars from his DD Form 214
* Awarding him the AGCM (1st Award) for the period 20 March 1968 to 19 March 1970 while serving in the rank of SP4
* Adding the Vietnam Service Medal with four bronze service stars, AGCM (1st Award), VUA, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

2.  The Board further determined that 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 and adding the PUC and Cold War Victory Commemorative Medal to his 
DD Form 214.  

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      ____________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)                                         AR20120022071



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ABCMR Record of Proceedings (cont)                                         AR20120022071



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