IN THE CASE OF: 

		BOARD DATE:	  7 May 2014

		DOCKET NUMBER:  AR20130014798 


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 add award of the Purple Heart and any other awards to which he is entitled.

2.  The applicant states he was offered a Purple Heart in Vietnam but at the time he was recovering from a head wound.

3.  The applicant provides no additional 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 4 August 1967 and held military occupational specialty 11B (Light Weapons Infantryman).  His records show he was assigned to Vietnam from 7 January 1968 to 20 March 1970 and served with:

* Headquarters and Headquarters Company (HHC), 70th Engineer Battalion, attached to HHC, 937th Engineer Group (Combat), from 12 January 1968 to 1 March 1970
* HHC, 815th Engineer Battalion, from 2 March 1970 to 20 March 1970

3.  He was honorably released from active duty on 1 April 1970.  His DD Form 214 shows he completed 2 years, 7 months, and 28 days of net active service.  He was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars

4.  There is no evidence in the typical source documents to confirm he was wounded in action and/or treated for a combat injury/wound:

* item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he was in a patient status
* item 40 (Wounds) of his DA Form 20 does not reflect a combat wound or injury
* item 41 (Awards and Decorations) of his DA Form 20 does not show award of the Purple Heart
* his records do not contain general orders awarding him the Purple Heart
* his name is not shown on the Vietnam casualty listing
* 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 and maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal Purple Heart orders for him
* his official records do not contain a Department of the Army message or a Western Union telegram regarding any injury or wound
* there are no medical records which note any combat injuries or wounds

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

6.  Army Regulation 600-8-22 contains the regulatory guidance for award of the Vietnam Service Medal.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in and a silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following eight campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970)

7.  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 HHC, 937th Engineer Group (Combat) was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 20 July 1965 to 28 March 1973 in Department of the Army General Orders (DAGO) Number 8, dated 1974
* Meritorious Unit Commendation for the period 23 August 1965 to 31 January 1968 in DAGO Number 1, dated 1969
* Meritorious Unit Commendation for the period 1 February 1968 to 1 April 1970 in DAGO Number 2, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	a.  The applicant's medical records were not available for review.  His service records do not contain evidence showing he was injured or wounded as a result of hostile action.

	b.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound.

	c.  His DA Form 20 does not contain any entries showing he was injured or wounded as a result of hostile action.

	d.  Based on the foregoing, there is insufficient evidence to add award of the Purple Heart to his DD Form 214.

2.  The evidence of record shows he participated in eight campaigns while serving in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one silver service star and three bronze service stars with his previously-awarded Vietnam Service Medal.

3.  GO awarded his various units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two awards of the Meritorious Unit Commendation during the periods he served with these units.  Therefore, he is entitled to correction of his DD Form 214 to add these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 award of the Vietnam Service Medal from his DD Form 214 and


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

* Vietnam Service Medal with one silver and three bronze service stars
* Meritorious Unit Commendation (2nd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined 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.



      _______ _  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)                                         AR20130014798



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ABCMR Record of Proceedings (cont)                                         AR20130014798



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