IN THE CASE OF:	   

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130022410 


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:

* his last duty assignment and major command as Troop D, 7th Squadron, 1st Cavalry Regiment, U.S. Army Vietnam
* he was awarded the –

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The applicant states item 12 (Last Duty Assignment and Major Command) of his DD Form 214 should show Troop D, 7th Squadron, 1st Cavalry Regiment, U.S. Army Vietnam, the same as D____ D____ B____ who served in the same unit.  S____ C____, another Soldier in his unit, provides a witness account of the incident in which he was wounded in action.  His records were lost in St. Louis, MO.

3.  The applicant provides:

* DD Form 214 for the period ending 10 September 1968
* certificate of true copy
* supporting statement from S____ C____
* DD Form 214 and DD Form 215 (Correction to DD Form 214) pertaining to D____ D____ B____

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 22 September 1966.

3.  On 7 February 1967, he was assigned to Troop D, 3d Squadron, 17th Air Cavalry Regiment, Fort Knox, KY.

4.  He departed Fort Knox, KY, with his unit en route to Vietnam on or about 10 October 1967 and arrived on or about 28 October 1967.  On 2 May 1968, he was reassigned to Troop D, 7th Squadron, 1st Air Cavalry, U.S. Army Vietnam.

5.  He departed Vietnam on 8 September 1968 en route to the United States.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.  Item 41 (Awards and Decorations) shows he was awarded or authorized the:

* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  His records contain a Standard Form 88 (Report of Medical Examination) that shows he underwent a separation physical on 10 September 1968.  This form does not report any physical defects or diagnoses.  His records also contain a Standard Form 93 (Report of Medical History), dated 10 September 1968, whereon he recorded no injuries.

8.  He was honorably released from active duty on 10 September 1968.

9.  Item 12 of his DD Form 214 shows his last duty assignment and major command as an unspecified squadron of 1st Air Cavalry, U.S. Army Pacific.

10.  His DD Form 214 also shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal
* Combat Infantryman Badge

11.  His records do not contain orders awarding him the Purple Heart.

12.  His name is not shown on the Vietnam casualty roster.

13.  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 award of the Purple Heart pertaining to the applicant.

14.  The applicant provided an undated letter from S____ C____ who stated he served with the applicant in Troop D, 3d Squadron, 17th Air Cavalry Regiment.  On 12 February 1968, an ambush party was ambushed by enemy forces about 1,000 meters from camp.  One Soldier was wounded and treated in the field.  The following morning he assisted the medic in tending to the wounded Soldiers.  The applicant was walking, but his left arm and shoulder were bandaged.  He watched the medic remove the applicant's bandages exposing several wounds and a large gash.  The medic stated the wounds appeared to be from shrapnel.  The applicant could not hear because he had been close to a large explosion.  None of the wounds were serious.

15.  The applicant provided copies of a DD Form 214 and DD Form 215 pertaining to D____ D____ B____ which shows D____ D____ B____'s last duty assignment and major command as Troop D, 7th Squadron, 1st Cavalry Regiment, U.S. Army Vietnam.

16.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be entered in item 40.

17.  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.

18.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase III – 1 June 1967-29 January 1968
* Tet Counteroffensive – 30 January 1968-1 April 1968
* Vietnam Counteroffensive Phase IV – 2 April 1968-30 June 1968
* Vietnam Counteroffensive Phase V – 1 July 1968-1 November 1968

19.  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 7th Squadron, 1st Cavalry, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period 22 February 1967 to 17 May 1968 in Department of the Army General Orders 21, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show his last duty assignment and major command as Troop D, 7th Squadron, 1st Cavalry Regiment, U.S. Army Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit.

2.  The evidence of record shows the applicant was awarded or authorized the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) in addition to those awards already shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

3.  There is no evidence of record to corroborate S____ C____'s statement relating injuries the applicant incurred in Vietnam.  The applicant's records are void of any documentation showing he was wounded as a result of hostile action.  Further, his separation physical did not report any physical defects or diagnoses and his medical history report did not record any injuries.  As such, there is insufficient evidence to award him the Purple Heart or to correct his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

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

* deleting the current entry from item 12 of his DD Form 214 and replacing it with the entry "Troop D, 7th Squadron, 1st Cavalry Regiment, U.S. Army Vietnam"
* deleting award of the Vietnam Service Medal from his DD Form 214
* adding the following awards to his DD Form 214 –

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)



2.  The Board further determined 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 award of 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)                                         AR20130022410



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ABCMR Record of Proceedings (cont)                                         AR20130022410



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