BOARD DATE:	12 June 2014  

		DOCKET NUMBER:  AR20130017382 


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.  He states he incurred shrapnel wounds in Vietnam in 1971.  He had a number of pieces of shrapnel removed at the 71st Evacuation Hospital Aid Station in Vietnam, but he is still carrying a couple of pieces of shrapnel in his head and the left side of his buttocks.  He states paperwork was lost at either the 498th Air Ambulance Company or the 283rd Air Ambulance Company.

3.  He provides no additional evidence in support of his request.

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's Official Military Personnel File (OMPF) contains very little information pertaining to his service in Vietnam.  The OMPF provided by the National Personnel Records Center primarily documents the applicant's service as a commissioned officer in the U.S. Army Reserve (USAR) from 25 November 1991 to 15 October 1994.  NPRC has notified the Army Review Boards Agency that another record pertaining to the applicant was charged out on 6 March 1992.  It appears that record was not returned to NPRC.  In the absence of an OMPF documenting the period covering his service in Vietnam, this case is being considered using the limited records available and information available from other official sources.

3.  The available OMPF contains a Department of Veterans Affairs (VA) Request for Information showing the VA requested information on the applicant's service from 1 May 1967 to 13 July 1969, 14 July 1969 to 11 July 1975, and 18 June 1992 to 15 October 1994.  NPRC noted that the record was incomplete and that there were no service medical treatment records available.

4.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

	a.  ADCARS contains General Orders Number 1071, issued by Headquarters, U.S. Army Vietnam.  The orders awarded the Air Medal to members of the 283d Medical Detachment, 58th Medical Battalion, 68th Medical Group, U.S. Army Medical Command, Vietnam, including the applicant for meritorious achievement during the period 5 to 28 September 1970.  He held the rank/grade of specialist five (SP5/E-5) at the time.

	b.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on
21 February 1971 under casualty status code "25."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized no notification."

	c.  The social security number (SSN) listed with the name is "XX-XX-XX1X."  The SSN shown in his OMPF and on his Air Medal orders is "XXX-XX-XX7X."

5.  On 25 November 1991, he took the oath of office as a commissioned officer in the USAR.  He entered active duty on 18 June 1992, and he was discharged on 15 October 1994.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded or authorized the:
*  Bronze Star Medal
* Bronze Star Medal with "V" Device
* Air Medal
* Army Commendation Medal with "V" Device
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal with bronze service star
* Vietnam Service Medal with one silver service star and two bronze service stars
* Army Service Ribbon
* Overseas Service Ribbon
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Aircraft Crew Member Badge
* Combat Medical Badge

6.  The available records are void of documentation showing he was awarded the Purple Heart.

7.  The NPRC records registry shows that SSN XXX-XX-XX1X belongs to a former Soldier named W------B-----.  A review of ADCARS failed to reveal any documents pertaining to this former Soldier.

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

9.  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 the 283rd Medical Detachment was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 May 1970 through  30 April 1971, by Department of the Army General Order Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was wounded in action and that his wound was made a matter of official record.  Although his name is listed on the Vietnam casualty listing with an SSN that belongs to another Soldier, it appears that this is the result of a transcription error.  All other information associated with the applicant's name in the Vietnam casualty listing corresponds to the available information regarding his service.

2.  In light of the available evidence, it would be appropriate to award the applicant the Purple Heart for wounds he incurred on 21 February 1971 in Vietnam and to correct his DD Form 214 for the period ending 15 October 1994 to show this award.

3.  The applicant served in the 283d Medical Detachment during a period for which the unit was awarded the MUC.  It would be appropriate to also add this unit award to his DD Form 214 for the period ending 15 October 1994.

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 for wounds incurred on 21 February 1971 as a result of hosile action
* adding to item 13 of his DD Form 214 for the period ending 15 October 1994 the:

Purple Heart
Meritorious Unit Commendation


      ________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)                                         AR20130017382



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ABCMR Record of Proceedings (cont)                                         AR20130017382



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