IN THE CASE OF:	

		BOARD DATE:	  24 October 2013

		DOCKET NUMBER:  AR20130003141 


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 the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was injured when a B-40 rocket hit a helicopter but he was never awarded the Purple Heart as a result.

3.  The applicant provides his DD Form 214 and a Department of Veterans Affairs Rating Decision document.

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 11 July 1968, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 12B (Combat Engineer).
3.  His DA Form 20 (Enlisted Qualification Record) shows in: 

* item 31 (Foreign Service) he was credited with service in Vietnam during the period 5 February 1969 through 4 February 1970
* item 38 (Record of Assignments) he was assigned to Company D, 299th Engineer Battalion, performing duties as a radio teletype operator and combat construction specialist during the period 14 February 1969 through 2 February 1970
* item 40 (Wounds) – "F-W Neck, Shoulder, L-Leg" on 11 June 1969

4.  On 9 July 1971, he was honorably released from active duty in the rank of sergeant/E-5.  He completed 2 years, 11 months, and 29 days of creditable active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Vietnam Service Medal with three bronze service stars
* Army Good Conduct Medal (1st Award)
* two Overseas Service Bars
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)

5.  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.

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

7.  His name does not appear on the Vietnam casualty list.

8.  His records contain a message from the Commander, 197th Infantry Brigade, Fort Benning, GA, dated 16 November 1970, requesting that Headquarters, 299th Engineer Battalion forward Purple Heart orders for the applicant to that Headquarters.

9.  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.
10.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, prescribed entry of a brief description of wounds or injuries requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization in item 40 of the DA Form 20.  It also provided for entry of the date wounded or injured.

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 Company D, 299th Engineer Battalion was cited for the Valorous Unit Award for the period 9 May through 1 July 1969 by Department of the Army General Orders (DAGO) Number 43, dated 1970.

12.  This pamphlet further states in paragraph 6d that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 20 shows he received fragment wounds as a result of hostile action on 11 June 1969.  His record shows his unit of assignment subsequent to his service in Vietnam requested orders for award of the Purple Heart from the unit he was assigned to in Vietnam.  Though there is no evidence orders were issued by that unit or by a hospital while he was in Vietnam, it appears there is sufficient evidence to support awarding him the Purple Heart and adding this award to his DD Form 214.

2.  His unit in Vietnam was cited for award of the Valorous Unit Award during his period of assignment to that unit.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  All units were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

4.  As such, his records should be corrected as recommended below.



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 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.  awarding him the Purple Heart for wounds received on 11 June 1969; and

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

* Purple Heart 
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation




      _______ _   _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)                                         AR20130003141



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ABCMR Record of Proceedings (cont)                                         AR20130003141



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