IN THE CASE OF:	 

		BOARD DATE:	  14 September 2013

		DOCKET NUMBER:  AR20130002025 


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. 

2.  The applicant states he was medically evacuated out of Vietnam due to a shrapnel injury from an enemy rocket propelled grenade launcher but the paperwork for the Purple Heat was lost.  He adds that:

	a.  He was involved in a firefight with the enemy from 23 to 25 May 1969 and he was shot in the left knee by sniper fire.  The field doctor cleaned and stitched his wound. 

	b.  Three days later, he was hit again by enemy rocket fire.  His M113-A1 was hit which resulted in an injury to his friend as well as himself.  He suffered fragment wounds and he was put in for the Bronze Star Medal as well as the Purple Heart.  He received the Bronze Star Medal but not the Purple Heart. 

	c.  On 3 September 1968, he was again engaged in an ambush when he was hit with fragment.  His tank commander put him in for the Purple Heart. 

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Department of the Army General Orders (DAGO) Number 13173 and certificate for award of the Bronze Star Medal with "V" Device

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 6 November 1968 and he held military occupational specialty 11D (Armor Reconnaissance Specialist). 

3.  He served in Vietnam from 11 May to 25 October 1969.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 2nd Infantry, 1st Infantry Division.  

4.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained a shrapnel wound to the right hip and right shoulder on 6 June 1969 as well as a shrapnel wound to the left leg and right hand on 5 October 1969.  

5.  He was evacuated from Vietnam to the 106th General Hospital on 15 October 1969 and ultimately transferred to Ireland Army Hospital at Fort Knox, KY on 
28 October 1969. 

6.  GO Number 13173, issued by Headquarters, 1st Infantry Division, on 22 October 1969, awarded him the Bronze Star Medal for heroism on 6 June 1969.  The award cited his heroism on that date and stated "...although painfully wounded by two impacting rocket-propelled grenade rounds, [the applicant] remained in his exposed position and provided protective covering fire for the removal of the other casualties aboard his armored vehicle."

7.  Special Orders (SO) Number 175, issued by Headquarters, 2nd Advanced Individual Training Brigade, Fort Knox, KY, on 24 August 1970, awarded him the First Class Gunner (Sharpshooter) Marksmanship Qualification Badge with Pistol Bar.

8.  On 9 June 1970, an official of his former unit corresponded with the Commanding General (CG), 1st Infantry Division, Fort Riley, KS.  The official requested GO be issued to award the applicant two awards of the Purple Heart for shrapnel wounds to the right hip and right shoulder on 6 June 1969 and shrapnel wounds to the left leg and right hand on 5 October 1969. 

9.  The applicant was honorably released from active duty on 5 November 1970. His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

10.  On 6 March 1985, he was issued a DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty) that added the:

* Good Conduct Medal
* Expert Marksmanship Qualification Badge with Machine Gun Bar
* one overseas service bar
* a bronze service star to be added to his already-awarded Vietnam Service Medal

11.  His records do not contain orders awarding him the Purple Heart. 

12.  A 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 Purple Heart pertaining to the applicant.

13.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in Item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in Item 40.

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

15.  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 the 2nd Battalion, 2nd Infantry, was cited for award of the:

* Valorous Unit Award, for valor from 23 to 25 May 1969, by DAGO Number 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 5 June to 6 September 1969 by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 20 contains two entries confirming he sustained shrapnel wounds to the right hip and right shoulder on 6 June 1969 as well as shrapnel wounds to the left leg and right hand on 5 October 1969.  Both injuries are further confirmed with the correspondence, dated 9 June 1970, from an official at his previous unit to the CG, 1st Infantry Division, requesting GO be published to award the applicant two awards of the Purple Heart.  Therefore, he is entitled to two awards of the Purple Heat and correction of his DD Form 214 to show both awards. 

2.  GO awarded the applicant the Bronze Star Medal with "V" Device which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his 
DD Form 214 to show this award. 

3.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, his DD Form 214 should be corrected to show this badge. 

4.  His unit in Vietnam was cited for award of the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  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:

* awarding him the Purple Heart for wounds received in action on 6 June 1969
* awarding him the Purple Heart (2d Award) for wounds received in action on 5 October 1969
* adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Bronze Star Medal with "V" Device
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar 



      _______ _   _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)                                         AR20130002025



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ABCMR Record of Proceedings (cont)                                         AR20130002025



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