IN THE CASE OF:	  

		BOARD DATE:	  24 September 2013

		DOCKET NUMBER:  AR20130003513 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect:

* his service in the Republic of Vietnam (RVN)
* in item 27 (Wounds Received As A Result of Action With Enemy Forces) that he was wounded 
* the issuance of all medals and awards he is authorized, to include:

* Purple Heart
* National Defense Service Medal
* Two bronze service stars on his Vietnam Service Medal
* RVN Campaign Medal with 1960 Device
* Rifle Bar on his Expert Marksmanship Qualification Badge

2.  The applicant states he was sent with his unit, Battery A, 6th Battalion, 14th Artillery Regiment, on 18 December 1965 to counterattack the enemy in Pleiku, Vietnam.  He was on the .50 caliber machine gun mounted on top of the armored personnel carrier.  He was subsequently ordered to go with a squad of Republic of Korea soldiers and Vietnamese soldiers to set up some M60 machine guns.  As they were moving through a cane field, a Vietnamese soldier stepped on a "Bouncing Betty" mine.  The applicant hit the ground, landing on the side of a punji stick trap that cut his left hand really bad.  He received first aid.  The next day, he was taken to a field medical unit where his injury was sutured to close the punji stick hole.  He was bandaged, given shots, and sent back to his unit.  The doctor told him his injury qualified for award of the Purple Heart and that the paperwork would be sent to his commander for signature.

3.  The applicant further states that after 48 years, he deserves some kind of recognition for his wounding.  He has tried to find out the name of the medical unit that treated him, but the records do not show the name.  He read the after-action reports for his unit, but they only listed the numbers of casualties, without any names.  He waited 2 years for a corrected DD Form 214.  When none came, he went to the Veterans of Foreign Wars for assistance where he was told his DD Form 214 was correct.  He got angry and buried it.  In 2011 he started to get help for his post-traumatic stress disorder (PTSD) and now feels a little better.  What happened in the RVN will never go away.  He just wants his DD Form 214 corrected.

4.  The applicant provides copies of:

* DD Form 214
* Special Orders Number 187, Headquarters, 6th Battalion, 14th Artillery Regiment, dated 28 December 1965
* Service Medical Records (18 pages)
* Service Dental Records (2 pages)
* DA Form 20 (Enlisted Qualification Record)
* Department of Veterans Affairs (VA) Rating Decision, dated 24 August 2011
* Letter from the VA announcing his service-connected compensation, dated 29 August 2011
* Letter from the National Personnel Records Center (NPRC) dated
14 January 2013

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.  Evidence of record and background information:

	a.  On 27 January 1964, the applicant was inducted into the Army of the United States.

	b.  On 12 June 1964, the applicant was assigned as a cannoneer with the 
6th Battalion, 14th Artillery Regiment, located at Fort Sill, Oklahoma.

	c.  On or about 27 July 1965, the applicant arrived in the RVN with his unit.

3.  A Standard Form 600 (Chronological Record of Medical Care), as provided by the applicant as part of his service medical record, shows that in December 1965 he received a wound to his left ring finger and left hand.  There is no mention of the circumstances surrounding how or where he received this wound.  He received medical treatment to include 9 sutures.  The bandages were changed the next day, on 30 December 1965, and on 1 and 3 January 1966.  On
5 January 1966, the sutures were removed.  On 7 January 1966, the wound was infected and it was redressed.  There is no further medical documentation concerning the treatment of this wound.

4.  On 14 January 1966, the applicant departed the RVN.

5.  On 24 January 1966, the applicant was released from active duty.  He had completed 1 year, 11 months and 28 days of creditable active duty service.

6.  The applicant's DD Form 214:

	a.  lists his awards as:

* "EXPERT (BADGE RIFLE)"
* GOOD CONDUCT MEDAL
* VIETNAM SERVICE MEDAL

	b.  shows in the Statement of Service Block that he served 5 months and 
19 days in the United States Army Pacific (USARPAC); and

	c.  the Remarks block does not contain the dates of his service in the RVN.

7.  The applicant's DA Form 20 contains no entry in Item 40 (Wounds).

8.  The applicant's name is not listed on the Vietnam Casualty Roster.

9.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) failed to reveal any orders awarding the applicant the Purple Heart.
ADCARS is 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.

10.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation provides for award of the Purple Heart to a member of the Armed Force who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  This regulation states the National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 
14 August 1974.

	c.  This regulation provides for award of the RVN Campaign Medal with 1960 Device.  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more

	d.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the RVN, he participated in the following two campaign periods: the Vietnam Defense and the Vietnam Counteroffensive.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Army Regulation 600-200 (Enlisted Personnel Management System), as in effect at the time, provided instructions for the completion of DA Form 20.  Paragraph 9-53 specified entry in Item 40 of a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment and/or hospitalization.  The date wounded or injured was also to be entered.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 6th Battalion, 14th Artillery Regiment, during the time of the applicant's assignment, was cited in Department 
of the Army General Orders (DAGO) Number 40, dated in 1967 for award of the Presidential Unit Citation; and in DAGO Number 48, dated in 1968 for award of the Meritorious Unit Commendation; and in DAGO Number 55, dated in 1971 and Number 54, dated in 1974, for two awards of the RVN Gallantry Cross with Palm Unit Citation.

13.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The regulation in effect at the time provided that the total active duty service outside of the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which the service was performed would be entered in Item 24c.  Later versions of this regulation required that the inclusive dates of service in the RVN performed on or after 5 August 1964 would be listed in the Remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to reflect his service in the RVN.  He further contends that his DD Form 214 should show his being wounded in the RVN and all of the medals and awards he is authorized, to include:

* Purple Heart
* National Defense Service Medal
* Two bronze service stars on his Vietnam Service Medal
* RVN Campaign Medal with 1960 Device
* Rifle Bar on his Expert Marksmanship Qualification Badge

2.  There are no general orders showing the applicant was awarded the Purple Heart.  The applicant's name is not listed on the Vietnam Casualty Roster.  While the applicant's service medical records do show he was injured while in the RVN, it does not show that the enemy was the proximate cause of those injuries.  Regrettably, that portion of his request pertaining to award of the Purple Heart should be denied.

3.  The available evidence shows that the applicant served less than the required 6 months for award of the RVN Campaign Medal with 1960 Device.  Therefore, this portion of his request should be denied.

4.  Records show that the applicant participated in two campaign periods during his service in the RVN.  Therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  Records show that the applicant’s unit was cited in general orders for award of the Presidential Unit Citation and the Meritorious Unit Commendation.  Therefore, his records should be corrected to show these unit awards.

6.  Records show the applicant’s unit was twice cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show two awards of this foreign unit award.

7.  Records show that the applicant served a qualifying period for award of the National Defense Service Medal.  Therefore, this medal should be shown on his DD Form 214.

8.  The available evidence shows that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and that it was entered on his DD Form 214.  However, it appears the applicant does not understand the abbreviated entry.  Therefore, it would be appropriate to remove this entry and show it in its entirety.

9.  The applicant's dates of service in the RVN should be shown in the Remarks block of 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:

	a.  deleting from his DD Form 214 the "EXPERT (BADGE RIFLE)";

	b.  adding the following awards to his DD Form 214

* Presidential Unit Citation
* Meritorious Unit Commendation
* Two bronze service stars to his already-awarded Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Expert Marksmanship Qualification Badge with Rifle Bar

	c.  adding the following remark to his DD Form 214: Service in the Republic of Vietnam from 27 July 1965 to 14 January 1966.

2.  The Board further determined that the evidence presented was 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 the Republic of Vietnam Campaign Medal with 1960 Device.




      __________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)                                         AR20130003513



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ABCMR Record of Proceedings (cont)                                         AR20130003513



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