BOARD DATE:	  2 December 2014

		DOCKET NUMBER:  AR20140007033 


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 (PH).

2.  The applicant states this was an error of omission.  When he was awarded the Bronze Star Medal (BSM) with "V" Device it clearly stated in the general orders that he was wounded.

3.  The applicant provides no additional documentary evidence in support of this application.

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.  On 27 September 1966, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 12B (Combat Engineer).  

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

* item 38 (Record of Assignments) – he was assigned to duty in Vietnam with:

* Company A, 299th Engineer Battalion (Combat), during the period 6 March 1967 to 21 November 1967
* Company A, 4th Engineer Battalion, 4th Infantry Division, during the period 22 November 1967 to 30 April 1968
* Headquarters and Headquarters Company, 299th Engineer Battalion, during the period 5 May 1968 to 30 September 1968

* item 40 (Wounds) – no identified battle wounds

4.  On 10 April 1968, Headquarters, 4th Infantry Division, issued General Orders Number 1387 awarding him the BSM with "V" Device for action on 
28-29 January 1968.  The citation states, in part, "He bravely worked without cover, with unwavering action and only when seriously wounded did he seek shelter."

5.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing does not show the applicant's name was listed as a casualty.

6.  On 26 September 1969, he was honorably released from active duty after completing 3 years of total active service.  His DD Form 214 shows he was awarded or authorized the:

* BSM
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* three Overseas Service Bars

7.  His official military personnel file is void of documentation showing he was awarded the PH.

8.  Army Regulation 600-8-22 (Military Awards) states the PH 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

9.  A review of his record indicates entitlement to additional awards not listed on his DD Form 214.

10.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with five campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)

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 4th Engineer Battalion was awarded the:

* Meritorious Unit Commendation (MUC) for the period 13 October 1967 to 15 July 1968
* Presidential Unit Citation (PUC) for the period 29 October-30 November 1967
* RVN Gallantry Cross with Palm Unit Citation for the period October 1966 to 28 July 1969
* RVN Civil Actions Honor Medal First Class Unit Citation during the period 1 October 1966 to 31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records are void of orders awarding him the PH.  The citation on the general orders awarding him the BSM with "V" Device states that he was seriously wounded in action.  Evidence indicates this occurred on 29 January 1968.  As such, it would be appropriate to award him the PH and to add this award to his DD Form 214.

2.  His DD Form 214 shows the BSM.  General orders awarded him the BSM with "V" Device.  Therefore, he is entitled to correction of his DD Form 214 to show the BSM with "V" Device. 
3.  He participated in five campaigns during his service in Vietnam which entitles him to a silver service star for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show the silver service star.

4.  One of his units was awarded the MUC, PUC, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation for a period that coincided with his service with that unit in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.

5.  In view of the foregoing, the applicant is entitled to have his records corrected as recommended below. 

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 PH for a wound he received on 29 January 1968;

	b.  deleting the BSM and VSM from his DD Form 214; and 

	c.  adding to his DD Form 214 the following awards:

* PH
* BSM with "V" Device
* VSM with one silver service star
* MUC
* PUC


* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class 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)                                         AR20140007033



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140007033



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1