IN THE CASE OF:  	  

		BOARD DATE:  13 January 2015	  

		DOCKET NUMBER:  AR20140009285 


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.

2.  The applicant states the Purple Heart is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) even though he was wounded during his combat service in Vietnam.  He served honorably in Vietnam and continued to serve his country after his injury.  

3.  The applicant provides copies of the following:

* DD Form 4 (Enlistment Contract – Armed Forces of the United States)
* Standard Form (SF) 600 (Health Record – Chronological Record of Medical Care)
* DD Form 214
* DD Form 215 (Correction to 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 27 August 1970.  He was awarded military occupational specialty 11B (light weapons infantryman).  He served in Vietnam from 25 March through 17 August 1971, during two campaigns.  He was assigned to Company D, 4th Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade.

3.  He provided a copy of an SF 600 that shows on 11 May 1971 he was seen for a penetrating wound to his left thigh incurred on 9 May from a punji stick.  He received medical treatment at the 503rd Infantry Aid Station.  He was returned to duty on 15 May 1971.

4.  He was honorably released from active duty on 2 March 1972 and was transferred to the U.S. Army Reserve.  He was credited with completing 1 year,  6 months, and 6 days of active service and 4 months and 25 days of foreign service.  His DD Form 214 lists the:

* National Defense Service Medal
* Army Good Conduct Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Vietnam Service Medal with two bronze service stars

5.  His record is void of his DA Form 20 (Enlisted Qualification Record).

6.  On 12 January 1973, the applicant's former company commander requested the applicant, a former member of Company D, 4th Battalion (Airborne), 503rd Infantry Regiment, 173rd Airborne Brigade, be awarded the Combat Infantryman Badge (CIB).  He stated that the applicant joined Company D on 27 March 1971 and served with it, taking part in the ground combat operations, until the unit was redeployed to the continental United States on 17 August 1971.  He requested that orders and the award be mailed to the applicant at his home of record.  On 16 March 1973, he stated that on 26 April 1970 [sic 26 April 1971], the platoon to which the applicant was assigned was ambushed in Vietnam.  

7.  On 19 March 1973, the Commander, 1st Battalion (Airborne), 503rd Infantry Regiment, 101st Airborne Brigade recommended approval of the applicant's award of the CIB.

8.  On 14 June 2012, the applicant was issued a DD Form 215 that added the CIB to his DD Form 214.

9.  His name is not listed on the Vietnam casualty roster.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Award) states:

   a.  The Purple Heart is awarded for a wound sustained as a result of enemy 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.

   b.  When contemplating an award of this decoration, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.  

   c.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

		(1)  Injury caused by enemy bullet, shrapnel, or other projectile created by enemy action.

		(2)  Injury caused by enemy placed mine or trap.

		(3)  Injury caused by enemy released chemical, biological, or nuclear agent.

		(4)  Injury caused by vehicle or aircraft accident resulting from enemy fire.

		(5)  Concussion injuries caused as a result of enemy generated explosions.

12.  The punji stick is a type of booby-trap.  It is a stick mounted vertically in the ground with a sharpened point at the top, typically placed in a pit in the ground to impale the unwary.  Punji sticks were not necessarily meant to kill the man who stepped on it.  It was a guerilla tactic to wound an enemy and slow his entire unit down rather than killing him.  Punji traps were used extensively by the Viet Cong in Vietnam.

13.  Department of the Army General Orders 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was wounded and should be awarded the Purple Heart was carefully considered and found to have merit.

2.  The SF 600 he provided shows on 9 May 1971, while serving in Vietnam, he received a penetrating wound to his left thigh caused by a punji stick, he received medical treatment, and that treatment was made a matter of official record.  Punji sticks were commonly used by the Viet Cong as weapons against American Soldiers.  Therefore, the medical evidence provided by the applicant is accepted as sufficient to have met the criteria for award of the Purple Heart for a wound sustained on 9 May 1971 and correction of his DD Form 214 to show this award.

3.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show this 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:

* awarding him the Purple Heart for a wound received on 9 May 1971 in Vietnam
* adding to his DD Form 214 the Purple Heart and 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)                                         AR20140009285





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ABCMR Record of Proceedings (cont)                                         AR20140009285



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