IN THE CASE OF:	  

		BOARD DATE:	  7 January 2014 

		DOCKET NUMBER:  AR20130008381 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and two awards of the Army Commendation Medal. 

2.  The applicant states he received the medals but they are not shown on his DD Form 214.   He adds that in December 1969 he was in Vietnam performing mine sweeping duties with C Company, 3rd Engineer Battalion.  He was in a truck testing pressure on the road after a mine sweep.  When he got to the end of the road, the truck hit a mine and blew up the left side of the truck.  He was injured on the left side of his body, left leg, left eye, and back.  He was taken to Chu Lai where he was assessed and his wounds were treated.  When he got back to the waiting area to go back to his unit, he passed out and he was taken to the hospital.  When he recovered he was taken back to his unit.  

3.  The applicant did not provide any evidence. 

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 enlisted in the Regular Army on 15 February 1968 and he held military occupational specialty 12A (Pioneer).  

3.  Special Orders (SO) Number 95, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, on 4 April 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). 

4.  He was honorably discharged on 31 October 1968 for the purpose of immediate reenlistment.  His DD Form 214 for this period of service shows he was awarded or authorized the National Defense Service Medal and the Marksman [Marksmanship Qualification Badge] with Rifle [Bar]. 

5.  He reenlisted in the Regular Army on 1 November 1968.  He was assigned to Company B, 3rd Engineer Battalion, Fort Riley, KS.  

6.  SO Number 169, issued by Headquarters, Fort Riley, KS, on 15 August 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 

7.  He served in Vietnam from 11 October 1969 to 14 July 1970.  He was assigned to Company C, 26th Engineer Battalion, Americal Division. 

8.  His records contain a Western Union Telegram, dated 4 January 1970, as well as an official Army message, dated 3 January 1970, that show he was slightly wounded in Vietnam on 2 January 1970 by a fragment while a driver of a military vehicle on a combat operation when a mine detonated.  He received wounds to his face and a corneal abrasion to the right eye with no permanent damage.  

9.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained two injuries.  On 2 January 1970, he received a fragment wound to the face and corneal abrasion of the right eye and on 18 May 1970, a fragment wound to the right knee.  

10.  General Orders (GO) Number 4841, issued by Headquarters, Americal Division, on 20 May 1970, awarded him the Purple Heart for wounds received in action on 18 May 1970. 


11.  GO Number 5300, issued by issued by Headquarters, Americal Division, on 10 June 1970, awarded him the Army Commendation Medal for achievement from 1 January 1970 to 30 April 1970. 

12.  GO Number 12277, issued by issued by Headquarters, Americal Division, on 10 September 1970, awarded him the Army Commendation Medal for service from October 1969 to October 1970. 

13.  He was honorably released from active duty on 23 October 1970.  His DD Form 214 for this period of service shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* one overseas service bar

14.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated 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.

15.  A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to him.

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

	a.  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.

	b.  The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  During the applicant's period of service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Summer - Fall 1969, 9 June - 31 October 1969
* Vietnam Winter - Spring 1970, 1 November 1969 - 30 April 1970
* Sanctuary Counteroffensive, 1 May - 30 June 1970
* Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971

17.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant sustained two combat wounds as a result of hostile action in Vietnam as confirmed by the entries on his DA Form 20 and the Western Union Telegram.  His records contain only one set of orders awarding him the Purple Heart.  He should be entitled to a second award of the Purple Heart and correction of his DD Form 214 to show both awards. 

2.  GO awarded him two awards of the Army Commendation Medal.  His DD Form 214 inadvertently omitted these awards.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

3.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his records as such.

4.  The applicant was previously awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Neither badge is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards. 

5.  GO awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his records; therefore, he is entitled to correction of his records to show this unit award.




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 (2nd Award) for wounds received in action on 2 January 1970 in Vietnam
* adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Army Commendation Medal (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* four bronze service stars to be affixed to his already-awarded Vietnam Service Medal
	



      _______ _   __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)                                         AR20130008381



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ABCMR Record of Proceedings (cont)                                         AR20130008381



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