IN THE CASE OF:	  

		BOARD DATE:	  18 November 2014

		DOCKET NUMBER:  AR20140006554 


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 that he be awarded the Purple Heart, Air Assault Badge, Airborne and Air Assault Medal, TET Campaign Commemorative Medal, and the Quan-Luc Vietnam Cong-Hoa. 

2.  The applicant states, in effect, that he was wounded when he jumped off a helicopter during an assault into a hole containing punji-stakes and sustained a wound to his right knee.  The unit medic treated him and he remained in the field.  However, a couple of days later his knee became infected and he was medically evacuated to the 95th Evacuation Hospital and he was subsequently evacuated to a hospital at Camp Zama, Japan.  He was later assigned to a unit in Okinawa.  He should be awarded the Purple Heart for his wounds as well as the other medals listed above.  

3.  The applicant provides a two-page letter explaining his application, a letter from the unit medic that treated him in the field, and copies of his military and Department of Veterans Affairs (VA) medical records.

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 19 December 1966 for a period of 3 years under the airborne enlistment option.  He completed his basic training at Fort Campbell, Kentucky, advanced individual training as a wireman at Fort Huachuca, Arizona, and airborne training at Fort Benning, Georgia.

3.  On 29 September 1967, he was transferred to Fort Campbell, Kentucky for assignment to Company B, 2nd Battalion, 501st Infantry Regiment for duty as a rifleman, despite the fact that he did not possess an infantryman military occupational specialty (MOS).

4.  On 14 December 1967, he was transferred to Vietnam with his unit and was advanced to the pay grade of E-4 on 18 March 1968.

5.  On 8 June 1968, he was admitted to the 95th Evacuation Hospital in Da Nang and on 14 June 1968 he was admitted to the 7th Field Hospital in Japan.  He had served in three campaigns in Vietnam.

6.  On 31 July 1968, he was assigned to duty in Okinawa and remained there until 15 March 1969 when he was transferred to Fort Sill, Oklahoma.

7.  On 18 December 1969, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS).  He had served 
2 years, 11 months, and 29 days of active service.  His DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal (VSM) with bronze service star, Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.

8.  The available records do not show he was awarded the Purple Heart.  Additionally, his name is not contained on the Vietnam Casualty Listing.  His records also do not contain any evidence showing he was awarded the Air Assault Badge, Airborne and Air Assault Medal, TET Campaign Commemorative Medal, or the Quan-Luc Vietnam Cong-Hoa.  Additionally, the applicant has not attended or completed the Air Assault Course.

9.  Army Regulation 635-5 (Separation Documents) at the time stated to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  This regulation gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  However, there is no listing in that regulation for awards of the Airborne and Air Assault Medal and the Quan-Luc Vietnam Cong-Hoa.  

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

11.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the VSM.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  

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 the applicant’s unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.

13.  Army Regulation 600-8-22 states award of the Air Assault Badge requires satisfactory completion of an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completion of the standard Air Assault Course while assigned or attached to the 101st Airborne Division (Air Assault) after 1 April 1974.  The Air Assault Badge was approved on 18 January 1978 for Army-Wide wear by individuals who successfully completed Air Assault training after 1 April 1974.

14.  Army Regulation 600-8-22 states individual foreign decorations may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those decorations that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Individual decorations that do not meet these criteria may be authorized for acceptance but not for wear and will not be entered in the official military records of the recipient.  Of particular importance are the criteria established by the military department of the host country; for example, if a particular decoration 



is authorized for award only to enlisted personnel of host country then the decoration may be accepted and worn by U.S. Army enlisted personnel.

15.  Most commemorative medals are not officially recognized.  Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official.  Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint.  However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals.  In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been awarded the Purple Heart for wounds received in Vietnam on or about 6 June 1968 has been noted and appears to have merit.

2.  The applicant has presented sufficient evidence to show that after spending a couple of days in the field after being wounded, he was medically evacuated to the 95th Evacuation Hospital on 8 June 1968 for treatment of a punji-stick wound to the right knee.  Accordingly, he should be awarded the Purple Heart at this time and it should be added to his records.

3.  The applicant also served in three campaigns and is entitled to wear three bronze service stars on his already awarded VSM and have them added to his DD Form 214.

4.  Additionally, the applicant’s unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit and he is entitled to have those awards added to his 
DD Form 214.

5.  However, commemorative medals are not authorized for entry on the 
DD Form 214 and there is no listing in his records or Army Regulation 600-8-22 for the Airborne and Air Assault Medal or the Quan-Luc Vietnam Cong-Hoa.  The applicant also does not meet the criteria for award of the Air Assault Badge.  Accordingly, there is no basis to add those awards 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:

* Deleting the award of the "VSM/BSS" from his DD Form 214
* Awarding the applicant the Purple Heart for wounds received in Vietnam on 6 June 1968 while serving in the rank of specialist four (SP4)
* Adding the Vietnam Service Medal with three bronze service stars, Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

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 adding the Air Assault Badge, Airborne and Air Assault Medal, and the Quan-Luc Vietnam Cong-Hoa 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)                                         AR20140006554



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ABCMR Record of Proceedings (cont)                                         AR20140006554



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