BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140001391 


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, in effect, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 27 October 1969, to show the awards he is entitled to for his service in the Republic of Vietnam.

2.  The applicant states, in effect, he should be awarded the Purple Heart because he was hospitalized in Vietnam on 10 December 1969.  Later, he was hospitalized in Tokyo.  He is requesting the awards he is entitled to, based on his service with the 27th Infantry Regiment, 9th Infantry Division, and the 44th Medical Brigade, during his period of service in the Republic of Vietnam.  He cannot find his temporary duty orders or any of the applicable morning reports for Vietnam.  His repeated requests for these documents have yielded no results. 

3.  The applicant provides no additional evidence.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  On 25 October 1966, the applicant was inducted into the Army of the United States.  On 27 October 1966, he was honorably discharged for the purpose of enlistment in the Regular Army.  He enlisted in the Regular Army for 3 years and he served in military occupational specialties (MOS) 91A (ambulance driver) and 91S (preventive medicine specialist). 

3.  Special Orders Number 165, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY on 9 December 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  He served in Vietnam from 13 July 1967 through 8 March 1968.  During this period, he participated in two campaigns while assigned to:

* Headquarters and Company A, 9th Medical Battalion, 9th Infantry Division, from 16 July to 2 October 1967
* 20th Preventive Medicine Unit from 3 October 1967 to 1 March 1968

5.  On 27 October 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve.  His DD Form 214 shows he was credited with completing 3 years of net active service and he was awarded or authorized the following awards and decorations:

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

6.  On 10 September 1982, a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) was issued that amended his DD Form 214, for the period ending 27 October 1969, by adding his MOS and the education and training he completed during that particular period of service.

7.  His records contain the following:

   a.  Special Orders Number 17, issued by U.S. Army Vietnam (USARV) on    17 January 1968, which released him from the USARV Patient Casual Company and assigning him to the Medical Hold Detachment, U.S. Army Hospital, Camp Zama, Japan with a reporting date of 14 January 1968.  
   b.  Reassignment Orders (Medical Evacuees) memorandum, dated 19 January 1968, wherein the 44th Medical Brigade was advised of his reassignment from that unit to the USARV Patient Casual Company.  

8.  His DA Form 20 (Enlisted Qualification Record) shows the following:

	a.  Item 38 (Record of Assignments) he was in a patient status from 
2 March through 26 March 1968.  On 2 April 1968, he was assigned to Dunham Army Hospital, Carlisle Barracks, PA, in MOS 91S.

	b.  Item 40 (Wounds) is blank, indicating he had no recorded wounds during his service in Vietnam.

	c.  Item 41 (Awards and Decorations) he was awarded or authorized the awards shown on his DD Form 214 and additionally the Sharpshooter Marksmanship Qualification Badge with Rifle Bar and one overseas service bar.

9.  His complete medical records are not available; however, the available records contain the following:

   a.  Standard Forms (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History), which show he underwent a physical examination for the purpose of his expiration of term of service on 14 August 1969 and was found qualified for separation.  He indicated on the SF 89 that his health was good.  The forms did not indicate he had sustained a wound/injury during his period of service in Vietnam.  

   b.  A DA Form 3082-R (Statement of Medical Condition), dated 2 October 1968, wherein he stated that there had been no change in his medical condition.

   c.  A DA Form 1811 (Physical and Mental Status on Release from Active Duty), dated 2 October 1969, which stated that his physical condition on 14 August 1969 was such that he was considered physically qualified for separation or for reenlistment.
   
	d.  A DA Form 1577 (Authorization for Issuance of Awards), dated 20 October 1989, wherein the U.S. Army Reserve Personnel Center advised him of entitlement to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  They were unable to verify his entitlement to the award of the Purple Heart.  It was requested he provide specific dates, place, and complete organizational assignments to include sub-unit, and medical facility which treated him for his wounds.  Upon receipt, his request would be given further consideration.
10.  His record does not contain orders or other documentation that shows he was awarded him the Purple Heart during his period of service in Vietnam.  His name is not listed on the Vietnam casualty roster.

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

12.  Army Regulation 600-8-22 (Military Award) states:

   a.  The Purple Heart is awarded for a wound sustained as a result of enemy 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.  A bronze service star is authorized for wear on the Vietnam Service Medal to denote participation in a named campaign.  

13.  Department of the Army (DA) Pamphlet (PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 9th Medical Battalion, was cited for award of the:

* Meritorious Unit Commendation, for the period 1 January through 31 December 1967, by amended DA General Orders (DAGO) Number 67, dated 1968
* Republic of Vietnam Gallantry Cross Unit Citation with Palm Unit Citation, for the period 1 December 1966 through 30 June 1968, by DAGO Number 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 19 December 1966 through 28 June 1969, by DAGO Number 59, dated 1969

14.  DA PAM 672-3 also shows his unit, the 20th Preventive Medicine Unit, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period December 1965 through August 1968, by DAGO Number 48, dated 1971.

15.  DA PAM 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  This marksmanship badge is not shown on his DD Form 214; therefore, his DD Form 214, for the period ending 
27 October 1969, should be corrected to show this badge.

2.  His record shows he served in Vietnam during two campaigns; therefore, he is entitled to award of two bronze service stars to be added to already-awarded Vietnam Service Medal and to correction of his DD Form 214, for the period ending 27 October 1969, to show these service stars.

3.  With respect to the unit awards:

	a.  General orders awarded each of his units in Vietnam (the 9th Medical Battalion and the 20th Preventive Medicine Unit) the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  The regulation provides that, although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  These unit awards are not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show he was twice awarded this unit award.

	b.  General orders also awarded his unit, the 9th Medical Battalion, the Meritorious Unit Commendation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment with this unit.  These unit awards are not reflected on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  With respect to his request for award of the Purple Heart, the evidence of record shows he departed Vietnam in a patient status; however, there is no corresponding documentation that clearly establishes the cause for his hospitalization.  Therefore, the evidence does not confirm that his wounds resulted from enemy action, or that any wounds resulting from enemy action required medical treatment, or that such treatment was made a matter of record. Simpy put, evidence of record does not link his wounds, for which he was reassigned from Vietnam, to any enemy action.  
   
5.  By regulation, to be awarded the Purple Heart it is necessary to established that a Soldier was wounded or injured in action.  There must be evidence 
confirming that the wound for which the award is being made was received as a direct result of, or was caused by enemy action, that the wound was treated by medical personnel, and a record of this treatment must have been made a matter of official record.  His record is void of such evidence; therefore, he is not entitled to this portion of the requested relief.  

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 amending his DD Form 214, for the period ending 27 October 1969, by deleting the Vietnam Service Medal and adding the:

* Vietnam Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal 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 award of the Purple Heart and its addition to his DD Form 214.


      
      _______ _ 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)                                         AR20140001391





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ABCMR Record of Proceedings (cont)                                         AR20140001391



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