IN THE CASE OF:	  

		BOARD DATE:	  30 December 2014

		DOCKET NUMBER:  AR20140006727 


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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 24 May 1946 vice 24 May 1947 and award of the Purple Heart. 

2.  The applicant states his DOB is listed incorrectly on his DD Form 214 as a result of what appears to be a typographical error.  Additionally, the Purple Heart is not shown on his DD Form 214. 

3.  The applicant provides his birth certificate and DD Form 214.

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.  Prior to his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his DOB as 24 May 1946.

3.  The applicant was inducted into the AUS on 27 October 1965.  Item 5 (DOB Day - Month - Year) of his DD Form 47 (Record of Induction) listed his DOB as   24 May 1947.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his DOB as XX May 1946.

4.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He served in Vietnam from on or about 20 August 1966 to on or about 28 July 1967. He was assigned to Troop C, 1st Squadron, 11th Armored Cavalry Regiment. 

5.  His records contain a DD Form 1380 (U.S. Field Medical Card), submitted by the 7th Surgical Hospital on 8 November 1967, that shows he suffered an injury as a result of enemy action on 8 May 1967.  He sustained a fragment wound to his left arm when firing an M-79 and was hit by shrapnel.  His wound was explored and probed but no fragments were located.

6.  He underwent a separation physical in Oakland, CA on 30 July 1967.  His Standard Form 88 (Report of Medical Examination) shows the entry "fragment wound, right forearm with some remaining ulnar paresthesia." 

7.  He was honorably released from active duty on 30 July 1967 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows in:

* Item 9 (DOB), his DOB as 24 May 1947
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Pistol Bar (M-16)
* Combat Infantryman Badge

8.  Item 40 (Wounds) of his DA Form 20 does not list a combat wound and item 41 (Awards and Decorations) of this form does not list the Purple Heart.  Additionally, his records do not contain orders awarding him the Purple Heart and his name is not listed on the Vietnam casualty roster. 

9.  He provides a birth certificate that shows his name and the DOB as 24 May 1946. 

10.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

11.  Army Regulation 600-8-22 (Military Awards) provides that 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:

	a.  Individuals wounded or killed as a result of "friendly fire" in the "heat of battle" are also awarded the Purple Heart as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.  

	b.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:  injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions.

12.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states 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, participation credit was awarded for the following two campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows, during his assignment to the 1st Squadron, 11th Armored Cavalry Regiment, this unit was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by DA General Orders Number 28, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the DOB:

	a.  The applicant listed his DOB as 24 May 1946 upon his induction into the AUS.  However, it appears his October 1965 induction record listed his year of birth as 1947.  His DA Form 20 listed the year of birth 1946.

	b.  Nevertheless, the 24 May 1946 DOB he disclosed upon his induction is consistent with his DA Form 20 and with the birth certificate he provides.  This is accepted as sufficient evidence to correct his DD Form 214 to show his DOB as 24 May 1946.

2.  With respect to the award of the Purple Heart: 

	a.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, and his DA Form 20 does not indicate any combat wounds. 

	c.  Nevertheless, his service record contains a U.S. Field Medical Card that shows he was injured as a result of enemy action on 8 May 1967.  Although this form is signed some 6 months after the injury, it is accepted as sufficient evidence to show he sustained a combat injury and was treated for this injury.  He appears to meet the criteria for award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his records to show it. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to the Vietnam Service Medal and correction of his DD Form 214 to show these service stars. 

4.  General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award. 
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:

* amending his DD Form 214 by deleting the current DOB and adding the DOB as it is listed on his birth certificate (24 May 1946)
* awarding him the Purple Heart for wounds received in action in Vietnam on 8 May 1967
* adding to his DD Form 214 the Purple Heart, two bronze service stars to be affixed to his already-awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation



      ___________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)                                         AR20140006727



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ABCMR Record of Proceedings (cont)                                         AR20140006727



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