BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140004584 


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 and all other awards he is entitled to.

2.  The applicant states he was wounded in action as reported on the unit roster.

3.  The applicant provides a unit roster from Red Warrior website, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and two self-authored statements. 

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's complete military records pertaining to his service in Vietnam are not available for review.
3.  The applicant's DD Form 214 shows he was appointed as a Reserve Commissioned Officer of the Army in the grade as second lieutenant on            11 December 1967 with concurrent call to active duty.

4.  He served with Company A, 1st Battalion, 12th Infantry, 4th Infantry Division in Vietnam.  His specific period of assignment is not contained in his available records.  However; based on his date of separation on 10 September 1969 and evidence that shows he served 9 months and 23 days of foreign service it can be presumed he served in Vietnam from 18 November 1968 to 10 September 1969.

5.  He was honorably released from active duty on 10 September 1969.  He completed 1 year and 9 months of net service this period with 9 months and 23 days of foreign service.  His DD Form 214 shows he was awarded or authorized the:

* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal (VSM)
* National Defense Service Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Army Good Conduct Medal

6.  There are no general orders in the available records which show the applicant was awarded the Purple Heart.

7.  There are no medical records in the applicant's official military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds sustained as a result of hostile action.

8.  A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed as a casualty.

9.  The self-authored statement submitted by the applicant states, in effect, the applicant picked up a metal object, which was the unexploded portion of a B40 rocket, and the rocket missed the applicant's head by a few inches.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that: 

	a.  the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.
	b.  the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam the applicant participated in the following two campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

11.  A review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the unit to which the applicant was assigned, 1st Battalion, 12th Infantry, 4th Infantry Division, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 by Department of the Army General Orders (DAGO) Number 3, dated 1970 and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1966 through 31 October 1969 by DAGO Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records should be corrected to reflect the award of the Purple Heart.

2.  There is insufficient evidence to show that the applicant was wounded as result of hostile action against enemy force and that the wound was treated by a medical officer and the medical treatment was made a matter of official record.  Additionally, his name does not appear on the Vietnam Casualty Roster.

3.  The applicant's self-authored statement was considered.  However, given the lack of corroborating evidence to show the applicant received medical treatment 
and that the treatment was made a matter of official record, the statement alone is insufficient to warrant award of the Purple Heart.

4.  Evidence shows the applicant was assigned to a unit authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards. 
5.  The applicant participated in two campaigns during his service in Vietnam, Therefore, he is entitled to two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to how these bronze service stars.

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.  deleting from his DD Form 214 the VSM; and

	b.  adding to his DD Form 214 the:
 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 
* VSM with two bronze service stars

2.  The Board further determined that the evidence presented was 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)                                         AR20140004584



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ABCMR Record of Proceedings (cont)                                         AR20140004584



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