IN THE CASE OF:	  

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130015053 


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 sustained a wound while under a hostile attack in Vietnam.  

3.  The applicant provides copies of a Western Union Telegram from the Adjutant General to his mother and correspondence from earlier attempts to obtain the award of the Purple Heart. 

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 30 December 1965, the applicant enlisted in the Regular Army with parental consent.  He completed training as a light vehicle driver. 
3.  His DA Form 20 (Enlisted Qualification Record) shows in – 

* item 38 (Record of Assignments) – he served in Vietnam with the 297th Transportation Company from 3 October 1966 to 12 September 1967 and with A Company, 1st Supply and Transport Battalion, 1st Infantry Division from 13 September 1967 to 11 April 1968
* item 40 (Wounds) – is blank
* item 41 (Awards and Decorations) – does not include the Purple Heart 

4.  A 6 April 1968 telegram from the Adjutant General to the applicant's mother reads, "…your son, (the applicant), was slightly wounded in Vietnam on 5 April 1968, at a result of hostile action.  He received a laceration to the bottom of his right foot.  He sustained [the] wound when running to a bunker during a hostile attack.  He was treated and returned to duty…"

5.  The official military message from the Commander, U.S. Army Vietnam to the Casualty Branch, Department of the Army that is attached to the copy of the telegram in the applicant's official record reads, "…TRTD at HHC, 1st Med BN and released…Wound is the Result of Hostile Action…"

6.  The applicant was honorably separated on 18 December in pay grade E-4.  His DD Form 214 lists his awards as the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  The applicant later reenlisted and became a career Soldier.

8.  A 16 November 1987 letter to the applicant from the U.S. Army Military Personnel Center (now known as U.S. Army Human Resources Command (HRC)) shows that: 

	a,  the Chief, Military Awards Branch, wrote, "…,there must be conclusive evidence that a soldier was wounded as a direct result of enemy action…there is no indication that the laceration to your foot was a direct result of enemy action…"

	b.  an enclosure to that letter, an extract from Army Regulation 600-8-22 (Military Awards) states, in pertinent part about the Purple Heart, "…It is not intended that such a strict interpretation of the requirement for the wound/injury to be caused by direct result of hostile action be taken which would preclude the award being made to deserving personnel.  For example:  "...an individual injured as the result of a vehicle accident caused by enemy fire, the decision will be made in favor of the individual and the award will be made."
9.  In 1989, the applicant retired as a sergeant first class (SFC/E-7) due to length of service.  His final DD Form 214 accurately reflects his previously authorized Vietnam era awards except that Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows – 

* Department of the Army General Order (DAGO) Number 46 of 1969 awarded the 297th Transportation Company the Meritorious Unit Commendation for the period from 7 April 1966 to 30 June 1968
* DAGO Number 50 of 1973 awarded the 1st Supply and Transport Battalion the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1955 through 7 April 1970. 

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

	a.  The Purple Heart is awarded for a wound sustained while in action against an 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.  The regulation also provides that any member of the Army who believes they are qualified for award of the Purple Heart may apply to the Awards Branch for consideration.  Such requests should include substantiating information such the medical records.

	b.  The campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal that coincide with the applicant's tour of duty include the Vietnam Counteroffensive Phase from 1 July 1966 to 31 May 1967, Vietnam Counteroffensive Phase III from 1 June 1967 to 29 January 1968, Tet Counteroffensive from 30 January to 1 April 1968 and the Vietnam Counteroffensive Phase IV from 2 April to 30 June 1968

11.  In a 17 October 2011 letter to the applicant the then Chief of the Awards and Decorations Branch wrote, "…you accidentally injured your foot…your injuries were not caused by enemy action, award of the Purple Heart cannot be authorized."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states the telegram from the Adjutant General to his mother shows that he was treated for a wound sustained as the result of hostile action.

2.  The subject telegram states, "…your son, (the applicant), was slightly wounded in Vietnam on 5 April 1968, as a result of hostile action.  He received a laceration to the bottom of his right foot.  He sustained (the) wound when running to a bunker during a hostile attack.  He was treated and returned to duty…"

3.  The official military message that generated the telegram reads in part, "…TRTD at HHC, 1st Med BN and released…Wound is the Result of Hostile Action…"

4.  Such words are not subject to interpretation.  Clearly, the commander on the ground considered the applicant's situation qualified him for award of the Purple Heart or the telegram would never have been originated.  The telegram should be considered sufficient evidence to substantiate awarding the applicant the Purple Heart.

5.  The applicant should be awarded the Purple Heart in order to correct an error and rectify an injustice.  

6.  His 1968 and 1989 DD Forms 214 should also be corrected to show his authorized awards include four bronze service stars for wear on the Vietnam Service Medal, the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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:

	a.  awarding him the Purple Heart for wounds received in action in Vietnam on 5 April 1968; and 



	b.  showing that in addition to those already shown on his 1968 and/or 1989 DD Forms 214 his authorized awards include the – 

* Purple Heart
* Four Bronze Service Stars for wear on the Vietnam Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130015053





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ABCMR Record of Proceedings (cont)                                         AR20130015053



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