IN THE CASE OF:	  

		BOARD DATE:	  26 February 2015

		DOCKET NUMBER:  AR20140011980 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect the Purple Heart and Combat Infantryman Badge earned during his service in Vietnam.

2.  The applicant states he believes an error was made when these awards were not added to his DD Form 214.

3.  The applicant provides a 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 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 on 10 August 1967.  His records show he completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was corporal/E-4.

3.  Special Orders (SO) Number 205, dated 23 July 1968, issued by Headquarters, 9th Infantry Division, awarded the applicant the Combat Infantryman Badge (1st Award).

4.  He was honorably released from active duty on 30 May 1969.  His DD Form 214 does not show award of either the Combat Infantryman Badge or the Purple Heart.  It does show he was awarded or authorized the following:

* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal

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

	a.  Item 31 (Foreign Service) he served in Vietnam from on or about 30 May 1968 to on or about 29 May 1969.  He has qualifying service for four campaign periods:

* Vietnam Counteroffensive , Phase IV (2 April 1968 to 30 June 1968)
* Vietnam Counteroffensive , Phase V (1 July 1968 to 
1 November 1968)
* Vietnam Counteroffensive , Phase VI (2 November 1968 to 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February 1969 to 8 June 1969)

	b.  Item 38 (Record of Assignments) he was assigned to two units while in Vietnam:

* Company B, 5th Battalion (Mechanized), 60th Infantry Regiment, 9th Infantry Division (8 June 1968 to 14 September 1968)
* Company B, 1st Battalion, 16th Infantry Regiment, 1st Infantry Division (15 September 1968 to 29 May 1969)

	c.  Item 40 (Wounds), no entry indicating he was wounded in action.



	d.  Item 41 (Awards and Decorations), no entry for the Purple Heart.  Shown are three marksmanship qualification badges:

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

6.  His personnel records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound sustained in action.  This was the proper notification procedure for injuries at the time.

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

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 orders for the Purple Heart pertaining to the applicant.

9.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

10.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Purple Heart is awarded for a wound sustained while in action against and 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.  Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows:

* injury caused by enemy bullet
* shrapnel or other projectile created by enemy action
* injury caused by enemy placed mine or trap
* injury caused by enemy released chemical, biological, or nuclear agent
* injury caused by vehicle or aircraft accident resulting from enemy fire and/or concussion injuries caused as a result of enemy generated explosions
	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  

	a.  This pamphlet shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 8, dated 1974.

	b.  It also shows the 1st Battalion, 16th Infantry Regiment was awarded, in DAGO 53, 1970, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain an SO which awarded him the Combat Infantryman Badge and, as such, his DD Form 214 should be corrected to show this award.

2.  With respect to the applicant's request for correction of his DD Form 214 to show the award of the Purple Heart, his service record is void of any documentary evidence showing he received this award.  Additionally, there is no evidence he was either wounded or injured as a result of combat.  In the absence of orders, the criteria for the Purple Heart requires the submission of substantiating evidence to verify there was an injury/wound which resulted from hostile action, the injury/wound required medical treatment by medical personnel, and that medical treatment which was received was made a matter of official record.  No such evidence exists in the applicant's record, nor has he offered any proof of his receipt of this award.  Consequently, the requested relief cannot be granted.  Should he be able to provide verifying documentation within one year of the date of the Board's decision, his application can be reconsidered.

3.  The applicant's record shows he has qualifying service for four campaigns.  He also was assigned to units when they were awarded two unit citations and his record shows the award of marksmanship qualification badges.  These awards should be added to his DD Form 214

4.  Based upon the foregoing, there is sufficient evidence to support the granting of partial relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  Deleting from his DD Form 214 the Vietnam Service Medal 

	b.  Adding to his DD Form 214 the following awards :

* Vietnam Service Medal with 4 bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

2.  The Board further determined that 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 correcting the applicant's DD Form 214 to show the 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)                                         AR20140011980





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ABCMR Record of Proceedings (cont)                                         AR20140011980



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