IN THE CASE OF:	  

		BOARD DATE:	  13 November 2014

		DOCKET NUMBER:  AR20140005549 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart.

2.  The applicant states while on patrol in Vietnam they came under enemy fire and he hit the ground.  In doing so, an enemy punji stick went into the palm of his left hand.  This wound later became infected and required surgery.  He never noticed the Purple Heart was not listed on his DD Form 214 until he filed a claim with the Department of Veterans Affairs and the error was discovered. 

3.  The applicant provides his DD Form 214, six pages of Standard Forms (SF) 600 (Chronological Record of Medical Care), two DA Forms 8-274 (Medical Record - Physical Profile Record), and a DA Form 8-275-3 (Clinical Record Cover Sheet).

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 21 October 1965.  He served in Vietnam from 2 August 1966 to 3 August 1967 while assigned to the 5th Battalion, 7th Cavalry, 1st Cavalry Division.  He was promoted to the rank/grade of specialist five (SP5)/E-5 on 17 June 1967.

3.  The applicant provides:

	a.  An SF 600 wherein it shows he was seen at the Battalion Dispensary on 24 August 1966 for a wound he received to his left hand on that date.  He was referred to the 15th Medical Clinic.

	b.  An SF 600 wherein it shows he was seen at the 15th Medical Clinic, Vietnam, on 24 August 1966 for a puncture wound to his left hand that caused swelling and tenderness.  The wound was cleaned, debrided, and dressed and he was advised to return in 2 days.  

	c.  He provides SFs 600 that show he was treated for the wound and a resulting infection in his left hand/arm for several weeks.

	d.  A DA Form 8-275-3, dated 1 October 1966, wherein it shows he underwent surgery on that date at the 2nd Surgical Hospital, Vietnam, on his left hand for an infection caused by a foreign body. 

	e.  A DA Form 8-274, dated 1 October 1966, wherein it shows he was issued a temporary profile for light duty due to a punji stick wound of the left thumb that was removed by surgery on that date.

4.  General Orders (GO) Number 4385, dated 29 July 1967, issued by Headquarters (HQ), 1st Cavalry Division, awarded him the Army Commendation Medal for meritorious service in Vietnam.

5.  He was honorably released from active duty on 4 August 1967 in the rank of SP5 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 9 months, and 14 days of creditable active service with no time lost 




6.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Air Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 29 (Qualification in Arms) of his DA Form 20 (Enlisted Qualification Record) shows he qualified as 2nd class gunner (or marksman) with the 81mm mortar.  Item 38 (Record of Assignments) of his DA Form 20 shows he received al "excellent" conduct and efficiency ratings.

8.  His record is void of orders for the Purple Heart.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  

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

	a.  In order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and a record of this 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.  A review of his records shows that during his service in Vietnam he participated in two campaigns.



11.  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 the 5th Battalion, 7th Cavalry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 19 May 1969, by Department of the Army (DAGO) Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided SFs 600 that show on 24 August 1966, while serving in Vietnam, he incurred a wound to his left hand caused by a punji stick and was treated for the wound and infection to his left hand caused by the punji stick. Punji sticks were commonly used by the Viet Cong as weapons against American Soldiers.  Therefore, the medical evidence he provided is accepted as sufficient to have met the criteria for award of the Purple Heart for a wound sustained on 24 August 1966 and correction of his DD Form 214 accordingly.

2.  GO awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The evidence of record confirms he served honorably from 21 October 1965 to 4 August 1967.  He received all “excellent” conduct and efficiency ratings throughout his service, and attained the rank of SP5.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  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 medal.

4.  His record confirms during his service in Vietnam he participated in two campaigns.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  GO awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  His record shows he qualified as marksman with the 81mm mortar; therefore, he is entitled to correction of his DD Form 214 to show the Marksman Marksmanship Qualification Badge with Mortar Bar (81mm).


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:

* awarding him the Purple Heart for a wound received on 24 August 1966 in Vietnam 
* awarding him the Army Good Conduct Medal (1st Award) for the period 21 October 1965 through 4 August 1967
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart 
* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with Mortar Bar (81mm)



      ____________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)                                         AR20140005549





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ABCMR Record of Proceedings (cont)                                         AR20140005549



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