BOARD DATE:	  24 June 2014

		DOCKET NUMBER:  AR20130018515 


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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and Bronze Star Medal with "V" Device.

2.  The applicant states neither the Bronze Star Medal with "V" Device he was awarded nor the Purple Heart is on his DD Form 214.  He was wounded in combat in Vietnam and was hospitalized around April 1968.  He can give details of his wound (ear perforation) and, if records are needed, the Department of Veterans Affairs (VA) Medical Center, San Juan, PR, can be contacted as they have records of how, when, and what types of wounds [he received] in Vietnam.  By law, if you are wounded in action in combat, you are entitled to the Purple Heart.  

3.  The applicant provides his DD Form 214, a map of South Vietnam, a certificate of enrollment in the Agent Orange Veteran Payment Program, three letters, and 11 pages of medical 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 applicant was inducted into the Army of the United States on 26 May 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 22 October 1967 to 16 October 1968 while assigned to the 3rd Battalion, 22nd Infantry Regiment, 25th Infantry Division (ID).

3.  The applicant provides medical records that, in part, show:

	a.  He was treated at the 1st Medical Battalion clinic from 6 to 15 November 1967, for wounds to his left thumb, face, and abdomen caused by a blasting cap from a claymore mine that occurred on 6 November 1967.  

	b.  Between 17 November and 14 December 1967, he received follow-up treatment at the 12th Evacuation Hospital for the injuries incurred on 6 November 1967.

	c.  On 16 December 1967, he was treated at the medical clinic for complaints of nightmares and anxiety.  The treating physician noted the applicant stated he hated field duty, had only been in the field for 2 or 3 days since his arrival in Vietnam, and he had not seen any action [as of that time].  

	d.  On 31 December 1967, he was treated at the 25th Medical Battalion clinic for an injury that occurred the night before.  The treating physician noted the applicant was "injured in a blast (?-grenade), was unable to be evacuated until noon [today], was knocked out for a (?) time, had multiple small foreign bodies on the right side of his face (?-dirt), and the tympanic membrane (TM) of his right ear was perforated with bloody drainage in the canal.  

	e.  On 31 December 1967, he was treated at the 24th Evacuation Hospital for follow-up to the injuries that occurred on 30 December 1967.  The treating physician noted he was seen for a blast to the right side of his face that caused superficial fragment wounds and a rupture of the TM of his right ear.  He was referred to the ears, nose, and throat (ENT) Clinic for further treatment.

	f.  Between 5 and 22 January 1968, he was treated at the ENT Clinic, 24th Evacuation Hospital for follow-up care to his ear injury.  On 22 January 1968, the treating physician noted his ear looked good, the perforation was closed, and there was no sign of infection.

	g.  None of these records state the injuries the applicant had been treated for were incurred during hostile action.

4.  His records contain General Orders (GO) Number 8129, dated 12 November 1968, issued by Headquarters (HQ), 25th ID, awarding him the Bronze Star Medal with "V" Device for heroism in action on 18 August 1968.

5.  He was honorably released from active duty on 23 May 1969 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 28 days of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* two overseas service bars
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Vietnam Campaign Medal 
* Vietnam Service Medal

7.  His record is void of orders for the Purple Heart.  

8.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his military service.

9.  Item 40 (Wounds) of his DA Form 20 is blank.  Item 41 (Awards and Decorations) does not show the Purple Heart.  Item 41 does show the Bronze Star Medal with "V" Device and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60).

10.  A review of the Adjutant General's Casualty Division's Vietnam casualty listing failed to show his name as a casualty.

11.  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 maintained by the U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

12.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

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

	a.  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 is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

	b.  Purple Heart is awarded for a wound sustained 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.

15.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 22nd Infantry Regiment was cited for award of the: 

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through August 1968, by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 21 January 1970, by DAGO Number 51, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant the Bronze Star Medal with "V" Device and his DA Form 20 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60), neither of which are shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this medal and badge.

2.  The evidence of record confirms he served honorably from 26 May 1967 to 23 May 1969.  He served with distinction in Vietnam and he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  His record confirms during his service in Vietnam he participated in three campaigns.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  With respect to the Purple Heart, the criteria for this award requires the submission of substantiating evidence to verify that a Soldier received a wound/injury as a result of hostile action, the wound/injury required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

6.  Although the applicant provided medical records that show he was treated in Vietnam for injuries caused by a blast that resulted in a perforated ear, these records do not show that his injuries were incurred as a result of hostile action.  His name is not listed on the Vietnam casualty roster and his DA Form 20 does not indicate he received a combat-related wound.  There is no evidence to show he was treated for injuries incurred in April 1968.

7.  Regrettably, in the absence of conclusive evidence that shows he was wounded as a result of hostile action and treated for those wounds there is an insufficient evidentiary basis upon which to award the applicant the Purple Heart in this case.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X______  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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:

* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 26 May 1967 through 23 May 1969
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device 
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation

2.  The Board further determined that 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 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)                                         AR20130018515





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ABCMR Record of Proceedings (cont)                                         AR20130018515



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