BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140011950 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (PH).

2.  The applicant states he was wounded in action on 12 May 1967 while on a search and destroy mission in the Republic of Vietnam (RVN).  He states he was hospitalized in Saigon until the end of June 1967.  He was medically evacuated to Japan and hospitalized during July and August, and then transferred for rehabilitation at Camp Zama until October 1967.  He adds that he was awarded the PH, but it is not listed on his DD Form 214.

3.  The applicant provides copies of:

* his PH certificate
* two medical records
* his DD Form 214
* three letters of support
* a National Personnel Records Center (NPRC) letter

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 U.S. Army on 18 April 1966.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).
He was promoted to sergeant (E-5) on 20 February 1967.

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

* item 31 (Foreign Service), he served in Vietnam from 12 December 1966 through 11 September 1967
* item 38 (Record of Assignments) –

* Company A, 3rd Battalion, 39th Infantry, 9th Infantry Division, from 12 December 1966 through 3 June 1967
* Medical Hold Detachment, 249th General Hospital (Japan), from 
4 June through 12 July 1967

* item 40 (Wounds):  fragment wound right leg and lower stomach, 12 May 1967

4.  A DD Form 214 (Copy 2 – Record Copy) shows he was honorably released from active duty on 17 April 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).  

   a.  He had completed 2 years of net active duty service this period that included 9 months of foreign service.

   b.  It also shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a
DD Form 215 (Correction to DD Form 214), issued on 29 November 2013, the –
 
* National Defense Service Medal
* Army Commendation Medal with "V" Device
* Vietnam Service Medal with 2 Bronze Service Stars
* Army Good Conduct Medal (1st Award)
* Combat Infantryman Badge
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar
* 1 Overseas Service Bar

5.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 12 May 1967, casualty status code 23 (hostile wounded in action:  not serious, hospitalized).

6.  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, Awards and Decorations Branch, failed to reveal any individual award orders pertaining to the applicant.

7.  The applicant provides the following documents in support of his application.

   a.  DA Form 4980-10 (PH Certificate), dated 20 May 1967, that shows he was awarded the PH for wounds received in action during the month of May 1967 in the RVN.  The certificate was signed by Lieutenant Colonel J____ R. C____, Medical Corps, Commanding.

   b.  DA Form 8-275-3 (Clinical Record Cover Sheet), that shows he was wounded in action at 1300 hours, 12 May 1967, in the RVN when a booby trap exploded.  It also shows in:

* item 10 (Grade):  Sergeant/E-5
* item 13 (Organization and Branch of Service):  Company A, 
3rd Battalion, 39th Infantry, 9th Infantry Division
* item 25 (Selected Administrative Data):  PH awarded per Headquarters, 24th Evacuation Hospital, General Orders Number 73, dated 13 May 1967

   c.  Standard Form 502 (Clinical Record – Narrative Summary), dated 14 June 1967, that shows he was being treated for multiple fragment wounds to both legs and that he was being transferred to Camp Zama, Japan for further rehabilitation.

   d.  A DD Form 214 (Copy 1 – Individual Copy) that shows in item 24, in pertinent part, the Purple Heart [appears to be different type/font from Copy 2 – Record Copy, above],


   e.  Three letters of support:

    	(1)  A notarized letter from LTC J____ H. M____, U.S. Army (Retired), dated 30 January 2014, who states he was serving as the Executive Officer, Company A, 3rd Battalion, 39th Infantry, on 12 May 1967, when the applicant was wounded by a ground-level booby trap, he received first aid by the assigned medic, and was medically evacuated to the field hospital.

    	(2)  Two additional letters, from Mr. M____ J. L____ and from Mr. S____ D____, both dated 28 January 2014, who state they were members of the applicant's unit and present when he was wounded in action in the RVN on 
12 May 1967.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  The PH is awarded to any member who was wounded or killed as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the PH, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows the 3rd Battalion, 39th Infantry, was cited for award of the –

* RVN Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 in Department of the Army General Orders (DAGO) Number 31, 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
19 December 1966 to 28 June 1969 in DAGO Number 59, 1969; as amended by DAGO Number 43, 1970

DISCUSSION AND CONCLUSIONS:

1.  Though the PH is shown on his DD Form 214, the applicant contends his DD Form 214 should be corrected to show award of the PH.  The PH is listed on the DD Form 214 he provides; however, it is not listed on the copy filed in his record.  The available evidence does not show the reason for this discrepancy.  It appears that the DD Form 214 he provided may have been altered. 


2.  The evidence of record (i.e., the applicant's military medical records, his 
PH certificate, and The Adjutant General's Office, Casualty Division's Vietnam casualty roster) shows the applicant was wounded in action on 12 May 1967 and that he was awarded the PH per Headquarters, 24th Evacuation Hospital, General Orders Number 73, dated 13 May 1967.  Thus, the applicant is entitled to correction of his DD Form 214 to show the PH.

3.  The evidence of record also shows DAGOs awarded the applicant's unit the –

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

4.  Therefore, in view of the foregoing, it would be appropriate at this time to further correct his DD Form 214 to show the following authorized awards.

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 adding to item 24 of his DD Form 214 the:

* Purple Heart










* 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)                                         AR20140011950



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ABCMR Record of Proceedings (cont)                                         AR20140011950



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