BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140011377 


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, in effect, 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 all authorized awards, including the Purple Heart.

2.  The applicant states:

* he was injured while serving in Vietnam and he never received the Purple Heart
* he was responsible for the lives of over 200 Soldiers
* he was thrown into the bowels of the jungle called Vietnam at the age of 19
* he spent hours in muddy trenches and fell asleep to the sound of gunfire in the distance
* several members of his company disliked him due to his numerous reports (i.e., turning them in) for their inability to perform their duties – this caused animosity among the company
* certain members of his company attempted to kill him and one individual was court-martialed for attempting to blow up his tent with a grenade
* he lived in constant fear for his life – he was the stalker and the prey
* he moved to a different company and that company proved to be more fatal as it was continually being raided and bombed by the enemy
* he requested to be reassigned to his prior company
* he became so despondent that he couldn't move his bowels – he developed severe hemorrhoids
* he was face-to-face with the enemy and was provoked into hand-to-hand combat
* he walked away with a severed index finger which was later reattached
* he has had several flashbacks of Vietnam – the last one occurring while he was on vacation with his family
* he thought joining the Army would be the answer, but it was just the beginning of a partially tormenting life of violence, insecurity, hatred, mistrust, and overall dissatisfaction

3.  The applicant provides:

* DD Form 214
* self-authored statement
* letter of support, dated 20 March 2014
* five unidentified photographs
* an extract of the essential documents from his official military personnel file provided by the National Personnel Records Center

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 24 August 1964.

3.  On 10 December 1964, he accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failing to go to his appointed place of duty at the prescribed time and being absent from bed check on 7 December 1964.

4.  He served in Germany during the period 17 December 1964 through 18 July 1966.

5.  He served in Vietnam during the period 25 September 1966 through 16 August 1967.  While serving in Vietnam, he was assigned to the 581st Supply Company and he participated in two campaigns.

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

* item 38 (Record of Assignments) –

* all "excellent" conduct and efficiency ratings
* no entry indicating a patient status

* item 40 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

* Item 41 (Wounds) – no injuries or wounds

7.  His medical records contain a Standard Form 88 (Report of Medical Examination), dated 17 August 1967, that shows he had scar on his right index finger.

8.  His records are void of and he failed to provide medical evidence showing he was injured as a result of hostile action while serving in Vietnam.

9.  His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the Army Good Conduct Medal (1st Award) for his period of honorable service from 24 August 1964 through 17 August 1967.

10.  On 17 August 1967, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows award of the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

11.  His medical records contain a Standard Form 88, dated 21 August 1988, that shows he had 3/4-inch scar on his left third finger.

12.  He provided a self-authored statement, dated 28 October 1992, describing his combat duty in Vietnam and his injury.  He also provided a statement from a former Soldier assigned with him in Vietnam, dated 20 March 2014.  The former Soldier stated:

* the applicant was attacked by the enemy and he was involved in physical combat with the enemy
* the applicant's right index finger was almost severed
* he was at the scene and took the applicant to the company medic
* he was assigned to take over the applicant's duties because the applicant could not perform his duties with his severed finger

13.  In addition, he provided five unidentified photographs of a Soldier with a bandaged finger and extracts of his records.

14.  His name is not shown on the listing of Vietnam era casualties commonly used to verify entitlement to award of the Purple Heart.

15.  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 U.S. Army Human Resources Command, failed to reveal any general orders showing he was awarded the Purple Heart.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

17.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained 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 military medical personnel at the time of the wounding, and the medical treatment must have been made a matter of official record.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.

18.  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 581st Supply Company was awarded the Meritorious Unit Commendation for the period 1 January through 2 May 1967 by Department of the Army General Orders Number 18, dated 1979, which amended Department of the Army General Orders Number 29, dated 1969.

19.  Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

20.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where service was performed (e.g., U.S. Army Pacific (USARPAC)) in item 22c (Foreign and/or Sea Service).  Later versions of this regulation required listing the inclusive dates of service in Vietnam performed on or after 5 August 1964 in item 30 (Remarks) as follows:  "VIETNAM SERVICE:  FROM (date) TO (date)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Vietnam Service Medal and he participated in two campaigns.  Therefore, his DD Form 214 should be corrected to show to award of the Vietnam Service Medal with two bronze service stars.

2.  General orders awarded his unit of assignment in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, his DD Form 214 should be corrected to show these unit awards.

3.  He served honorably during the period 24 August 1964 through 17 August 1967.  He received all "excellent" conduct and efficiency ratings throughout his period of active service with no evidence of a commander's disqualification.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.



4.  Award of the Purple Heart requires evidence to verify:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records

5.  In the absence of medical records that clearly state he was wounded as a result of hostile action, regrettably, the statements and photographs he provided are insufficient evidence in and of themselves to support award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X______  __X______  __X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 24 August 1964 to 17 August 1967,

	b.  deleting award of the Vietnam Service Medal from his DD Form 214,

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

* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

	d.  adding the entry "VIETNAM SERVICE:  FROM 25 SEPTEMBER 1966 TO 16 AUGUST 1967" to item 30 of his DD Form 214.

2.  The Board further determined 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 award of the Purple Heart.



      ___________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)                                         AR20140011377



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ABCMR Record of Proceedings (cont)                                         AR20140011377



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