IN THE CASE OF:	  

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130022239 


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 show award of the Purple Heart with 1st Oak Leaf Cluster.

2.  The applicant states he entered the Department of Veterans Affairs system several months ago and was informed that his award of the Purple Heart with 1st Oak Leaf Cluster should be entered on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Headquarters, 12th Evacuation Hospital (Semi-mobile), memorandum, undated, subject:  Forwarding of the Purple Heart to Next of Kin
* Headquarters, 12th Evacuation Hospital (Semi-mobile), General Orders Number 145, dated 22 June 1970
* Purple Heart with 1st Oak Leaf Cluster Certificate
* Headquarters, U.S. Army Medical Command Vietnam (Provisional), Special Orders Number 159, dated 8 June 1970
* two Standard Forms 600 (Chronological Record of Medical Care)
* Standard Form 502 (Clinical Record – Narrative Summary)

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 14 July 1969.  He completed training and was awarded military occupational specialty (MOS) 91A (Medical Corpsman).

3.  He served in the Republic of Vietnam from 15 December 1969 through         18 February 1971.  During this period, he was assigned to:

* Company B, 25th Medical Battalion, 25th Infantry Division, U.S. Army Vietnam, as a litter bearer in MOS 91A, from 15 December 1969 through on or about 3 April 1970
* the 159th Medical Detachment (Air Ambulance) (Dustoff), U.S. Army Vietnam, in MOS 91B (Medical Specialist), from on or about 4 April 1970 through 15 February 1971

4.  General Orders Number 145, issued by Headquarters, 12th Evacuation Hospital (Semi-mobile) on 22 June 1970, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 21 June 1970.

5.  General Orders Number 1442, issued by Headquarters, U.S. Army Vietnam, on 29 April 1971, awarded him the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period February 1970 through February 1971.

6.  He participated in three campaigns and departed Vietnam en route to the United States on or about 15 February 1971.

7.  On 19 February 1971, he was honorably released from active duty in the rank/grade of specialist five/E-5.  His DD Form 214 shows he completed 1 year, 7 months, and 5 days of active service during this period which included 1 year, 2 months, and 3 days of foreign service in Vietnam.  His DD Form 214 further shows he was awarded or authorized the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

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

9.  Item 40 (Wounds) of his DA Form 20 is blank.

10.  A review of the Vietnam casualty roster shows the applicant was wounded in action in Vietnam on 8 May 1970.

11.  The applicant provides:

	a.  A Standard Form 600 showing he was treated on 8 May 1970 for a superficial scalp laceration.

	b.  Special Orders Number 159, issued by Headquarters, U.S. Army Medical Command Vietnam on 8 June 1970, which awarded him the Aircraft Crewman Badge (now known as the Aviation Badge) effective 10 May 1970.

	c.  A Standard Form 502 that shows he was admitted to the 12th Evacuation Hospital (Semi-mobile) on 21 June 1970.  The physician noted the applicant sustained a compression fracture while serving as a medic on a dustoff (military slang for medical evacuation) helicopter when his helicopter was hit.  He was discharged on 5 July 1970 and returned to duty.

	d.  A Standard Form 600 that shows he was discharged from the 12th Evacuation Hospital (Semi-mobile) on 5 July 1970 following the incident on 21 June 1970 in which he sustained a compound fracture.

	e.  A Purple Heart Certificate showing he was awarded the Purple Heart with 1st Oak Leaf Cluster for wounds received in action in the Republic of Vietnam on 21 June 1970.

	f.  A memorandum from Headquarters, 12th Evacuation Hospital (Semi-mobile), undated, subject:  Forwarding of the Purple Heart to Next of Kin, informing all Purple Heart recipients that the Purple Heart Certificates were being forwarded to their next of kin.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an 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.

13.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

15.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

	a.  The 25th Medical Battalion was cited for award of the:

* Meritorious Unit Commendation, for the period 1 September 1969 through 30 September 1970, by Department of the Army General Orders (DAGO) 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 September 1968 through 30 September 1970, by DAGO 5, dated 1973

	b.  Company B, 25th Medical Battalion, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 through 21 January 1970, by DAGO 51, dated 1971.


	c.  The 159th Medical Detachment was cited for award of the:

* Meritorious Unit Commendation, for the period 1 January 1969 through 30 April 1970, by DAGO 24, dated 1972
* Meritorious Unit Commendation, for the period 1 May 1970 through 30 April 1971, by DAGO 5, dated 1973
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 26 October 1968 through 30 September 1970, by DAGO 5, dated 1973

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he was awarded the Purple Heart with 1st Oak Leaf Cluster.

2.  The evidence shows he was wounded in action in the Republic of Vietnam on two occasions, on 8 May 1970 and on 21 June 1970, while serving as a medic on a dustoff helicopter.

3.  His records contain orders awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 21 June 1970.  The corresponding certificate shows he was awarded the Purple Heart with 1st Oak Leaf Cluster.

4.  His record does not contain orders awarding him the Purple Heart for wounds received in action on 8 May 1970; however, the Vietnam casualty roster and the medical documents he provides are sufficient evidence on which to base his entitlement to this award.  Therefore, it is reasonable to presume that he was, in fact, awarded the Purple Heart by the evacuation hospital commander for wounds received in action on 8 May 1970. 

5.  Accordingly, it is also reasonable to presume that the Purple Heart he was awarded by the evacuation hospital commander on 21 June 1970 was his second award.  As a result, General Orders Number 145, issued by Headquarters, 12th Evacuation Hospital (Semi-mobile) on 22 June 1970, which  awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 21 June 1970, should be amended to read Purple Heart with 1st Oak Leaf Cluster.

6.  The evidence shows he completed 1 year, 7 months, and 5 days of honorable active service during this period.  He attained the rank/pay grade of specialist five/E-5 and he received exclusively "excellent" conduct and efficiency ratings for all of his assignments.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 14 July 1969 to 19 February 1971 and his DD Form 214 should be corrected to show this award.

7.  The evidence also shows he is entitled to correction of his DD Form 214 to show the following awards based on his service in Vietnam during the period 15 December 1969 through 18 February 1971:

* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Aviation Badge

BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  amending orders Headquarters, 12th Evacuation Hospital (Semi-mobile), General Orders Number 145, dated 22 June 1970, to read award of the "Purple Heart with 1st Oak Leaf Cluster,"

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 14 July 1969 to 19 February 1971,

	c.  deleting award of the Vietnam Service Medal from his DD Form 214, and

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

* Purple Heart (2nd Award)
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* Meritorious Unit Commendation (3rd Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Aviation Badge



      _______ _   _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)                                         AR20130022239



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ABCMR Record of Proceedings (cont)                                         AR20130022239



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