IN THE CASE OF:	  

		BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140012332 


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, the widow of a deceased former service member (FSM), requests her deceased husband be awarded 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 her deceased husband received medical care for being stuck in the chest (i.e., shoulder) by a punji stick while serving in Vietnam.  He previously did not have medical records to show he was injured by the punji stick; therefore, he was never awarded the Purple Heart.

3.  The applicant provides the FSM's DD Form 214, 13 orders, six pages of medical records, and a certificate of death.

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 FSM was inducted into the Army of the United States on 8 September 1966 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  He served in Vietnam from 19 February 1967 to 18 February 1968 while assigned to Company B, 1st Battalion, 7th Cavalry Regiment.  On 12 June 1967, he was promoted to the rank/grade of specialist four (SP4)/E-4.

4.  The applicant provides:

   a.  A DD Form 1380 (U.S. Field Medical Card), dated 30 August 1967, wherein it shows the FSM received medical treatment on that date at the 15th Medical Battalion for a punji stick wound to his left shoulder.  Item 16 (Injury) of this form shows the injury was caused by enemy action and that the wound was cleaned and dressed.
   
   b.  Four Standard Forms (SF) 600 (Chronological Record of Medical Care), dated between 30 August 1967 and 3 September 1967, wherein they show the FSM was treated at the 15th Medical Battalion on 30 August and 2 September for the punji stick wound to his left shoulder.  He was admitted to the hospital on 3 September 1967 for a fever and infection as a result of the punji stick wound.

5.  The FSM was honorably released from active duty on 6 September 1968 in the rank of SP4 and he was transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 29 days of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows he was awarded or authorized the:

* Combat Infantryman Badge
* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal with 3 bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Army Commendation Medal
* First Class Gunner (or Sharpshooter) Marksmanship Qualification Badge with MachineGun Bar (M-60)

7.  His record is void of orders showing award of the Purple Heart.

8.  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 Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  The FSM died on 5 September 2012.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; and concussion injuries caused as a result of enemy generated explosions.

11.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

13.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows 1st Battalion, 7th Cavalry, was cited for award of the:

* Valorous Unit Award, for the period 1 through 31 October 1967 by DA General Order (DAGO) Number 39, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 17 November 1965 through 19 May 1969 by DAGO Number 70, dated 1969


DISCUSSION AND CONCLUSIONS:

1.  The applicant provided SFs 600 and a DD Form 1380 that shows on 30 August 1967, while serving in Vietnam, the FSM incurred a wound to his left shoulder caused by a punji stick and was treated for the wound and resulting infection caused by the punji stick.  Punji sticks were commonly used by the Viet Cong as weapons against American Soldiers.  Therefore, the medical evidence provided is accepted as sufficient to have met the criteria for award of the Purple Heart to the FSM for a wound sustained on 30 August 1967 and correction of his DD Form 214 accordingly.

2.  The evidence of record confirms the FSM served honorably from 8 September 1966 to 6 September 1968.  He attained the rank of SP4 and received all “excellent” conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award). Therefore, it would be appropriate to posthumously award the FSM the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and to correct his DD Form 214 to show this award.

3.  DAGO awarded his unit in Vietnam the Valorous Unit Award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit 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:

* posthumously awarding the FSM the Purple Heart for wounds received as a result of enemy action on 30 August 1967 in Vietnam
* posthumously awarding the FSM the Army Good Conduct Medal (1st Award) for the period 8 September 1966 through 6 September 1968
* adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20140012332





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ABCMR Record of Proceedings (cont)                                         AR20140012332



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