IN THE CASE OF:	  

		BOARD DATE:	  6 March 2015

		DOCKET NUMBER:  AR20140011742 


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 he received shrapnel wounds during battles in Vietnam.  On or around 1 October 1968, at Firebase Davis, an incoming mortar round exploded in his tent.  He was medically evacuated to Long Binh and then to Yokohama, Japan, for treatment.  He took shrapnel to the arms, legs, eyes, sinus cavity, and stomach.  He remained unconscious for 2 weeks.  He is currently receiving benefits from the Department of Veterans Affairs (VA).  He still has shrapnel in his body to this day.  The stomach wound caused a bad hernia. 

3.  The applicant provides:

* VA X-ray results, dated 12 April 2014
* Operative report (hernia), dated 20 June 2011
* Surgical Progress Notes, dated 20 June 2011
* VA Improved Pension letter, dated 26 November 2007
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 was inducted into the Army of the United States on 10 August 1967 and he held military occupational specialty 11B (Light Weapons Infantryman).  

3.  He served in Vietnam from 7 August to 28 October 1968, a period of 2 months and 22 days.  He was assigned to Company D, 3rd Battalion, 47th Infantry, 
9th Infantry Division. 

4.  He was wounded in action on 22 September 1968.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered fragment wounds to the legs, hands, arms, and abdomen.  

5.  His records contain multiple Western Union telegrams that show on 22 September 1968 he was wounded in action as a result of metal fragments to the body.  He was in base camp when he was hit by fragments from hostile mortar.  

6.  His records also contain multiple official Army messages showing he was wounded by metallic fragments to the body while in base camp when hit by a hostile mortar.  He was admitted to the 24th Evacuation Hospital and then to the 106th General Hospital in Yokohama, Japan.  He was ultimately assigned to Fort Knox, KY. 

7.  On 27 August 1970, he was discharged under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations) in lieu of trial by a court-martial, with an under other than honorable conditions characterization of service. 

8.  His DD Form 214 shows he completed 1 year, 7 months, and 14 days of a active service with 300 days of lost time.  It also shows he was awarded or authorized the Vietnam Service Medal and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  His discharge was reviewed under the Department of Defense Special Discharge Review Program and was upgraded to a general discharge on 1 June 1977. 

10.  As a result, his DD Form 214 was voided and he was reissued a new
DD Form 214 (Report of Separation from Active Duty) reflecting his under honorable conditions (general) characterization of service.  This DD Form 214 listed the same awards as shown on his voided DD Form 214. 

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Purple Heart 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.

12.  A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.

13.  Army Regulation 600-8-22 states: 

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.

	b.  Appendix B shows that during his service in Vietnam from 7 August to 28 October 1968 participation credit was awarded for the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) campaign.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during his service with the 3rd Battalion, 47th Infantry, from 7 August to 28 October 1968, in Vietnam, this unit was cited for the following awards:

* Meritorious Unit Commendation, for service from 1 January to 31 December 1968, based on Department of the Army General Order (DAGO) Number 36, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 19 December 1966 to 28 June 1969, based on DAGO 59, dated 1969 

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

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

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain multiple official Army messages coupled with multiple Western Union telegrams confirming he was wounded in action on 22 September 1968 when he was hit by a hostile mortar.  He was treated at the 12th Evacuation Hospital and the 106th General Hospital in Japan.  This is further confirmed by the entry on his DA Form 20.  He met the criteria for award of the Purple Heart; therefore, he is entitled to this award and correction of his DD Form 214 to show it.  

2.  DAGO awarded his unit in Vietnam the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  He was awarded the Vietnam Service Medal.  Additionally, he participated in one campaign while serving in the Republic of Vietnam; therefore, he is entitled to award of a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

4.  Although he did not complete 6 months of service in Vietnam, his tour was interrupted by a combat injury that required evacuation.  Individuals who had qualified for award of the Vietnam Service Medal and were evacuated prior to completing 6 months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal.  Therefore, he is entitled to award of the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show it.

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 wounds received in action on 22 September 1968
* deleting from his DD Form 214 the Vietnam Service Medal
* adding to his DD Form 214 the:

* Purple Heart
* Vietnam Service Medal with a bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20140011742





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011742



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1