BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140010518 


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, through his Member of Congress, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award.

2.  The applicant states he sustained combat injuries during his first tour in Vietnam and he was medically treated.  He served in Vietnam during his first enlistment from 28 January 1966 to 27 February 1969.  His family was notified of his injury in person.  He was wounded on 15 May 1968 and he was treated at Engineer Hill Dispensary on 16 May 1968.  The Department of Veterans Affairs (VA) would later award him service-connected disability compensation for a shell fragment to his skull and upper back.  He did not consider the Purple Heart a priority at the time. 

3.  The applicant provides:

* VA rating decision
* Congressional correspondence
* Multiple DD Forms 214
* Statements in Support of (VA) Claim

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's records show he enlisted in the Regular Army (RA) on 28 January 1966 and he held military occupational specialty (MOS) 62E (Construction Machine Operator). 

3.  He served in Vietnam from on or about 30 June 1967 to on or about 28 June 1968.  He was assigned to: 

* 517th Engineer Company, from on or about 30 June 1967 to 11 September 1967
* Company B, 35th Engineer Battalion, from 12 September 1967 to 19 November 1967
* Company B, 815th Engineer Battalion, from 20 November 1967 to 25 June 1968

4.  His records contain a Western Union telegram, dated 22 May 1968, that shows he was wounded on 15 May 1968 as a result of hostile action.  He received metal fragment wounds to the head.  

5.  He was honorably released from active duty on 27 January 1969.  His DD Form 214 for this period shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar

6.  He enlisted in the RA on 2 January 1970.  He held MOS 12B (Combat Engineer).  He was honorably discharged on 13 December 1970.  His DD Form 214 for this period shows he was awarded or authorized the Parachutist Badge and National Defense Service Medal.

7.  He reenlisted in the RA on 14 December 1970.  He held MOS 11B (Light Weapons Infantryman).  He served in Vietnam from on or about 26 January 1971 to on or about 1 January 1972.  He was assigned to:
* Special Operations Augmentations (SOA), Detachment B-53, 5th Special Forces Group, 1st Special Forces, from 8 February 1971 to 23 February 1971
* U.S. Army Vietnam (USARV), Training Advisory Group, Reconnaissance Company, Task Force Two Advisory Element, from 24 February 1971 to 31 December 1971

8.  On 5 December 1972, Office of the Adjutant General, Washington, DC, authorized the applicant to accept and wear the Greek Parachute Badge. 

9.  General Orders (GO) Number 22, issued by Headquarters, 10th Special Forces Group (Airborne), Fort Devens, MA on 19 June 1973, awarded him the Army Good Conduct Medal (2nd Award).

10.  He was honorably discharged from active duty on 13 December 1973.  His DD Form 214 for this period shows he was awarded or authorized the: 

* Parachutist Badge
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with 1960 Device
* Good Conduct Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Ranger Tab
* Bronze Star Medal
* four overseas service bars

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.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his two tours in Vietnam, his units were cited for the following awards: 

	a.  517th Engineer Company (30 June 1967 to 11 September 1967), no unit awards during his assignment to this unit. 


	b.  Company B, 35th Engineer Battalion (12 September 1967 to 19 November 1967), the Meritorious Unit Commendation, for service from 24 November 1966 to 15 October 1967, based on Department of the Army General Orders (DAGO) Number 67, dated 1968. 

	c.  Company B, 815th Engineer Battalion (20 November 1967 to 25 June 1968), two awards of the Meritorious Unit Commendation, for service from 27 March 1967 to 27 March 1968, based on DAGO Number 43, dated 1969; and from 1 May 1968 to 30 April 1969, based on DAGO Number 39, dated 1970. 

	d.  SOA, Detachment B-53 (8 February 1971 to 23 February 1971), no unit awards during his assignment to this unit.

	e.  USARV, Training Advisory Group, Reconnaissance Company, Task Force Two Advisory Element (24 February 1971 to 31 December 1971), no unit awards during his assignment to this unit. 

13.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm for service in Vietnam to the following units: 

* Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973
* Headquarters, USARV and its subordinate units during the period 20 July 1965 to 28 March 1973

14.  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.  A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam, campaign participation credit was awarded for the:

* Vietnam Counteroffensive, Phase III, 1 June 1967—29 January 1968
* TET Counteroffensive, 30 January 1968—1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968—30 June 1968
* Vietnam Counteroffensive, Phase VII, 1 July 1970—30 June 1971
* Consolidation I, 1 July 1971—30 November 1971
* Consolidation II, 1 December 1971—29 March 1972




DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded in action in Vietnam on 15 May 1968 as evidenced by the Western Union telegram in his service records that shows he was wounded as a result of hostile action on that date.  He met the criteria for award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show it.

2.  GO awarded his units in Vietnam three awards of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his records to show these unit awards. 

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to a silver service star and a bronze service star to be affixed to the Vietnam Service Medal.

4.  He was authorized to accept and wear the Greek Parachute Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign award. 

5.  GO awarded him two awards of the Army Good Conduct Medal.  His DD Form 214 only listed one award.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Army Good Conduct Medal. 

BOARD VOTE:

___X_____  __X______  _X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 wounds received in action on 15 May 1968
* deleting from his DD Form 214 ending on 13 December 1973 the Vietnam Service Medal and Army Good Conduct Medal
* adding to his DD Form 214 ending on 13 December 1973 the:

* Purple Heart
* Army Good Conduct Medal (2nd Award)
* Vietnam Service Medal with one silver service star and one bronze service star 
* Meritorious Unit Commendation (3rd Award) 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Greek Parachute Badge




      _______ _   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)                                         AR20140010518





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ABCMR Record of Proceedings (cont)                                         AR20140010518



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