IN THE CASE OF:  	  

		BOARD DATE:  16 October 2014	  

		DOCKET NUMBER:  AR20140003370 


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.

2.  The applicant states:

* he was a gunner on a Sheridan tank that was destroyed by an enemy mine and he was wounded in combat as a result
* he sustained head and arm injuries
* he was medically evacuated to a mobile/field hospital in an unconscious state and treated for a concussion and lacerations to his scalp and right arm
* he was hospitalized for two weeks 
* he was not awarded the Purple Heart
* his injury is substantiated by his medical records and several eyewitnesses that include his troop and platoon commanders

3.  The applicant provides:

* self-authored statements
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Standard Form (SF) 88 (Report of Medical Examination)
* five statements from former members of his unit
* Congressional correspondence


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 14 August 1969.

3.  He served in the Republic of Vietnam (RVN) during the period 28 January through on or about 14 December 1970 and he participated in three campaigns.  While in Vietnam, he was assigned to Troop K, 3rd Squadron, 11th Armored Cavalry Regiment.

4.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 38 (Record of Assignments) – all "excellent" conduct and efficiency ratings
* item 41 (Awards and Decorations) – no award of the Purple Heart

5.  Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood Special Orders Number 287, dated 14 October 1969, awarded the applicant the:

* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* First Class (now known as Sharpshooter) Marksmanship Qualification Badge with Hand Grenade Bar

6.  On 14 February 1972, the applicant was honorably released from active duty.  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* one Overseas Service Bar

7.  The applicant provided self-authored statements.  He also provided:

	a.  an SF 88, dated 21 June 1972, that shows the statement, "Health records reveal head injury in RVN.  Hospital for 2 weeks after unconsciousness for 12 hours, May 1, 1970;"

	b.  a statement from JCS, former troop commander, who stated it was his responsibility to ensure the applicant received the Purple Heart for injuries caused by the unusually powerful mine strike;

	c.  a statement from ENC, former platoon leader, who recalled the applicant being evacuated for medical treatment after his Sheridan struck a mine and was severely damaged;

	d.  a statement from CCD, former section sergeant of the Sheridan tanks, who stated the applicant and other members hit a mine which heavily damaged the vehicle and crew requiring the applicant to receive medical attention;

	e.  a statement from KB, former platoon member, who stated their Sheridan tank hit a mine and the applicant sustained injuries to his arm and head, was knocked unconscious, and was medically evacuated; and

	f.  a statement from JP, a gunner on the Sheridan tank with the applicant, who stated the applicant was struck in the head by a battery which was blown loose by the explosion and knocked him unconscious after the tank hit a mine.  He also stated the applicant was flown to a field hospital in Vietnam.

8.  His name is not shown on the Vietnam casualty listing.  This is a microfiche listing of Vietnam Era casualties that is used to verify entitlement to the Purple Heart.

9.  Review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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 medical treatment, and the medical treatment must have been made a matter of official record.

	b.  A bronze star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign 

11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  It states a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the overseas service bar.

12.  Army Regulation 672-5-1 (Decorations and 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 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.

13.  Department of the Army (DA) Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows 11th Armored Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods 1 May 1969 through 15 February 1970 by Department of the Army General Order (DAGO) Number 50, dated 1971, and for the period 1 March through 30 October 1970 by DAGO Number 55, dated 1971.  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.  The evidence of record shows the applicant was wounded in action on 1 May 1968.  His injuries were made a matter of official record as evidenced by his SF 88 and his witness statements are accepted as confirming the injuries were the result of enemy action.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

2.    The applicant served honorably during the period 14 August 1969 through 14 February 1972.  He received all "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

3.  He served in Vietnam during three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on his previously-awarded Vietnam Service Medal.

4.  He served a qualifying period of service for award of two overseas service bars; therefore, he is entitled to correction of his DD Form 214 to show 

5.  The unit to which he was assigned in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation on two occasions; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar; therefore, he is entitled to correction of his DD Form 214 to show this badge.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  awarding him the:

*	Purple Heart for wounds incurred on 1 May 1970 as a result of hostile action
*	Army Good Conduct Medal (1st Award) for the period 14 August 1969 through 14 February 1972

   b.  deleting from his DD Form 214 the Vietnam Service Medal and the Overseas Service Bar; and

c.  adding the following to his DD Form 214:

		*	Purple Heart
   *	Army Good Conduct Medal (1st Award)
   *	Vietnam Service Medal with three bronze service stars
   *	two Overseas Service Bars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
*	Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar



      _______ _  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)                                         AR20140003370



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ABCMR Record of Proceedings (cont)                                         AR20140003370



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