IN THE CASE OF:	

		BOARD DATE:	  21 August 2014

		DOCKET NUMBER:  AR20140001001 


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 two awards of the Purple Heart and the Air Medal.

2.  The applicant states he was wounded by a pungi stake on 10 January 1968.  He was treated in the field and he was also transported to an evacuation hospital.  He was also treated for a wound previously received in an engagement wherein he was struck in the testicles with a rifle butt.  That wound is not shown on his DA Form 20 (Enlisted Qualification Record), but he received surgery so it should be documented in his medical records.  He was presented a single Purple Heart while in the hospital but it was not clear for which wound.  He was an airborne infantryman and at least once per week they were relocated to perform air assaults.  While recovering from his wounds, he was recruited to accompany unarmed chaplains as they "air assault" joined troops for the day.  For approximately one year, he accompanied chaplains on an average of 6 air assaults per month.  When the number of air assaults reached the required amount, he was awarded the Air Medal.  He still has the original medal, which was awarded by his commanding officer, but it is not on his DD Form 214.

3.  The applicant provides a DA Form 20 and photocopies of the Purple Heart Medal and the Air Medal.

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 enlisted in the Regular Army on 9 June 1967.

3.  Special Orders Number 179, dated 5 October 1967, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar.

4.  Special Orders Number 276, dated 8 November 1967, awarded him the Parachutist Badge.

5.  His DA Form 20 shows:

	a.  he served in Vietnam from 1 December 1967 to 30 June 1969;

	b.  he was assigned to the 4th Battalion, 503rd Infantry from 4 December 1967 to 15 February 1968 (he was in a patient status during the period 11-22 January 1968) and he was assigned to Headquarters and Headquarters Company, 173rd Airborne Brigade from 16 February to 30 June 1969;

	c.  in item 40 (Wounds), he sustained a pungi stake wound to his right knee on 10 January 1968; and

	d.  the Purple Heart and/or the Air Medal are not included in item 41 (Awards and Decorations).

6.  There are no orders or any other documentation in his records indicating he was awarded the Purple Heart or that he was recommended for or awarded the Air Medal.  There is no evidence indicating he was wounded twice while in Vietnam and there are no flight records pertaining to the applicant available for review.

7.  He was honorably released from active duty on 5 June 1970.  His DD Form 214 shows he was awarded or authorized the:

* Bronze Star Medal
* Army Commendation Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Listing does not show the applicant's name as a combat casualty.

9.  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 or for the Air Medal pertaining to the applicant.

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

	a.  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.

	b.  The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	c.  A bronze service star is authorized with 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.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following seven campaigns:

* Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive Phase IV ( 2 April - 30 June 1968) 
* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69/Counteroffensive (23 February - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

11.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries 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 that the date the wound or injury occurred would also be placed in item 40.

12.  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 that during his assignment to the 4th Battalion, 503rd Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965-26 September 1970 in Department of the Army General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show two awards of the Purple Heart and to show the Air Medal has been carefully considered.  

2.  Item 40 of his DA Form 20 shows he sustained a pungi stake wound to his right knee on 10 January 1968.  Therefore, he is authorized award of the Purple Heart and correction of his DD Form 214 to show this award.  

3.  He was awarded the Vietnam Service Medal; however, he participated in seven campaigns during his service in Vietnam.  Therefore, he is authorized one silver service star and two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

4.  Special orders show he earned the Parachutist Badge and the Expert Marksmanship Qualification Badge with Machine Gun Bar.  Therefore, these badges should be added to his DD Form 214.

5.  His unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  This unit award should also be added to his DD Form 214.

6.  There is no evidence indicating he was wounded twice while serving in Vietnam.  Therefore, there is insufficient evidence on which to base awarding him the second award of the Purple Heart.  

7.  There are no orders or any other documentation in his records indicating he was recommended for or awarded the Air Medal.  Additionally, there are no flight records pertaining to the applicant available for review.  In the absence of such evidence, the documents he provided are insufficient evidence to justify adding the Air Medal to his DD Form 214.

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:

	a.  awarding him the Purple Heart for wounds sustained on 10 May 1968;

	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 and two bronze service stars
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Machine Gun Bar 
* Republic of Vietnam Gallantry Cross with Palm 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 correcting his DD Form 214 to show a second award of the Purple Heart or the Air Medal.  



      _______ _   __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)                                         AR20140001001



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ABCMR Record of Proceedings (cont)                                         AR20140001001



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