BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20130015660 


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, the widow of a deceased former service member (FSM), requests correction of his records to show award of the Purple Heart.

2.  The applicant states the FSM was injured while serving in the Republic of Vietnam (RVN) on 30 May 1969.  He suffered multiple wounds from a Claymore landmine explosion.  She believes the circumstances surrounding the FSM's injuries meet the criteria for award of the Purple Heart; however, he was never awarded the medal.

3.  The applicant provides a copy of the FSM's death certificate and his medical treatment records.

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 FSM enlisted in the Regular Army on 29 September 1967.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service), service in the RVN from 12 July 1968 through 
23 February 1970;

   b.  item 33 (Appointments and Reductions), he was promoted to sergeant (SGT)/pay grade E-5 on 11 March 1969;

   c.  item 38 (Record of Assignments):

* Special Operations Augmentation [SOA] (Command and Control Center [CCC]), 5th Special Forces Group (Airborne) [SFG(A)],
1st Special Forces [SF] (18 July 1968 through 3 June 1969)
* Medical Hold Detachment, 106th General Hospital (4 June 1969 through 15 July 1969)
* SOA (Command and Control North [CCN]), 5th SFG(A), 1st SF
(16 July 1969 through 22 February 1970)

   d.  item 40 (Wounds) is blank (no entries); and

	e.  item 41 (Awards and Decorations) does not list the Purple Heart.

4.  The FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
28 September 1970.

   a.  He had completed 3 years of total active service this period that included 
1 year, 7 months, and 11 days of foreign service.  

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Parachutist Badge
* RVN Campaign Medal with Device (1960)
* RVN Gallantry Cross with Palm Unit Citation
* Bronze Star Medal
* Combat Infantryman Badge

5.  A review of the FSM's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart.

6.  In support of the request the applicant provides the FSM's medical treatment records, including, in pertinent part:

    	a.  A DA Form 2985 (Patient Admission Information) that shows the FSM was initially admitted on 30 May 1969 for multiple shrapnel wounds to his abdomen; item 14 (Casualty Code Indicator) shows "IRHA" [Injuries Resulting from Hostile Actions];

    	b.  Standard Form (SF) 502 (Narrative Summary), SF 508 (Doctor's Orders), SF 509 (Doctor's Progress Notes), SF 510 (Nursing Notes), SF 516 (Operation Report), and SF 519 (Radiographic Reports), dated 30 May 1969, that show the FSM was treated for shrapnel wound injuries to his left leg, right buttocks, neck, and abdomen with small bowel perforations.

    	c.  Clinical Record Cover Sheet prepared by the Medical Records Officer, 106th General Hospital, pertaining to the FSM on the date he was discharged from the hospital (8 July 1969).  It shows in:

    	(1)  item 23 (Diagnoses), in pertinent part, "IRHA:  30 May 1969, CCN Helo Pad, RVN.  Patient was loading on chopper when a round hit the Helo Pad.  Line of Duty:  Yes", and

    	(2)  item 25 (Selected Administrative Data):  "Purple Heart not awarded at this hospital."

7.  A review of the FSM's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

8.  Special Order (SO) Number 27, dated 9 February 1968, and SO Number 33, dated 16 February 1968, issued by Headquarters, 3rd Advanced Individual Training Brigade, U.S. Army Training Center (Infantry), Fort Gordon, GA, show the FSM was awarded the:

* Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar


9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Purple Heart is awarded to any member who was wounded or killed in action or as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

	b.  Paragraph 2-13 governs the Vietnam Service Medal and shows a bronze service star is authorized with award of the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  A silver service star is authorized in lieu of five bronze service stars.

	c.  Appendix B shows that during the FSM's service in Vietnam, participation credit was awarded for the following five campaigns:

* Vietnam Counteroffensive, Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive, Phase VI (2 November-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)

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows SOA (CCC) and SOA (CCN) were cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1968 through 24 September 1970 in Department of the Army General Orders Number 48 (1971).

DISCUSSION AND CONCLUSIONS:

1.  The FSM's medical treatment records show he was treated for multiple shrapnel wounds sustained as a result of hostile actions in the RVN, on 30 May 1969, when a round exploded while he was loading a helicopter.  Therefore, it would be appropriate at this time to correct the FSM's records to show award of the Purple Heart.



2.  The evidence of record shows:

	a.  the FSM qualified for award of the Vietnam Service Medal and he served in five campaigns during his service in Vietnam.  Thus, he is entitled to one silver service star to be affixed on his already-awarded Vietnam Service Medal;

	b.  general orders awarded the FSM's unit the RVN Civil Actions Honor Medal First Class Unit Citation; and

	c.  special orders awarded the FSM the Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle and (M-60) Machinegun Bars.

3.  In view of the foregoing, it would be appropriate to correct the FSM's DD Form 214 to show his awards and decorations, 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 is 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 the Republic of Vietnam on 30 May 1969  (Standard Name Line:  SGT  Special Operations Augmentation (Command and Control Center), 5th Special Forces Group (Airborne), 1st Special Forces);

	b.  deleting the "Vietnam Service Medal" from his DD Form 214; and






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

* Purple Heart
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with (M-16) Automatic Rifle and (M-60) Machinegun Bars




      _______ _ 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)                                         AR20130015660



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ABCMR Record of Proceedings (cont)                                         AR20130015660



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