IN THE CASE OF:	  

		BOARD DATE:	  19 March 2015

		DOCKET NUMBER:  AR20140012445 


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 records to show award of the Purple Heart.

2.  The applicant states he served as a Forward Observer with the 6th Battalion, 15th Artillery, in the Republic of Vietnam (RVN).  On 10 December 1967, Viet Cong forces launched a ground offensive against his unit while it was in a nighttime defensive position near Cason 6 close to the Cambodian border.  After the initial mortar assault, the Viet Cong broke through the fence and into the compound and engaged in hand-to-hand combat.

   a.  He states that he suffered shrapnel injuries to his buttocks and elbow during the engagement.  The following morning he was taken to the 93rd Medical Evacuation Hospital for treatment, but they were unable to remove the shrapnel.  He was then sent to Zion base hospital for further treatment that included intravenous (IV) therapy and sitz baths.

   b.  His medical records show he received follow-up treatment; however, at the time his elbow injury was treated merely as a cut.  Later, when he was assigned to Fort Sill, OK, he underwent surgery and shrapnel was removed from his elbow.  On 18 January 1969, the Veterans Administration (VA) granted him service-connection for his injuries.

   c.  He adds that he was not awarded the Purple Heart for the injuries he received in action on 10 December 1967.
3.  The applicant provides copies of his military medical records, VA rating decision, and 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 U.S. Army on 20 January 1967.  He was awarded military occupational specialty 13E (Field Artillery Operations and Intelligence Assistant).

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

* item 31 (Foreign Service):  Vietnam from 21 June 1967 through 17 June 1968
* item 38 (Record of Assignments):  Battery A, 6th Battalion, 15th Artillery, 1st Infantry Division –

* cannoneer from 1 July 1967 through 17 January 1968
* reconnaissance sergeant from 18 January 1968 through 16 June 1968

* item 40 (Wounds) is blank (no entries)
* item 41 (Awards and Decorations) does not list the Purple Heart

4.  A review of the Standard Form (SF) 89 (Report of Medical History) and SF 88 (Report of Medical Examination), prepared by the applicant and the examining physician to document the applicant's separation physical examination on 
23 October 1968, failed to show any evidence of injuries or wounds to the applicant's buttocks or elbow.

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 17 January 1969.  He had completed 1 year, 11 months, and 28 days of total active duty service this period that included 11 months and 27 days of foreign service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the –

* National Defense Service Medal
* Army Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* 2 Overseas Service Bars
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal with 1 Bronze Service Star

6.  A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he was awarded the Purple Heart.

7.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster failed to reveal the applicant's name.

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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  In support of his application the applicant provides the following documents.

   a.  military medical records that show medical personnel of Company C, 
1st Medical Battalion, recorded the following information:

* on 10 December 1967, "[Applicant] received shrapnel wound in buttocks last night.  Shrapnel wound in the right perianal area of 
24 hours duration.  The opening is small and the probe does not pass."
* on 14 December 1967, "Recheck shrapnel wound in buttocks.  Patient discharged to Zion for Sitz baths and IV for 4 days.  Status:  Doctor wanted wound checked and further evaluated before treatment.  Fragment wound perianal area.  No evidence of infection."
* on 22 December 1967, "Patient App. healing well; no need to return."


   b.  military medical records that show medical personnel of Dispensary 3, Reynolds Army Hospital, Fort Sill, OK, recorded the following information:

* on 8 August 1968, "[Applicant] has piece of shrapnel right elbow joint –
now causing pain with swelling"
* on 12 August 1968, "26 year old male injured December 1967.  Has small piece of shrapnel in olecranon bursa"

   c.  VA Rating Decision pertaining to the applicant that shows his original claim was received on 7 October 1969, and physical examinations were completed on 
12 February 1970 and in February 1975.  It also shows, in pertinent part –

* small shrapnel wound right buttocks, December 1967
* SFW (shell fragment wound) right elbow December 1967
* shrapnel lodged right elbow joint; pain and swelling

10.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

11.  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 6th Battalion, 15th Artillery, was cited for award of the –

* Meritorious Unit Commendation for the period 1 January 1968 through 
31 January 1969 in Department of the Army General Orders (DAGO) Number 36, 1970
* RVN Gallantry Cross with Palm Unit Citation for the period 12 July 1965 through 16 October 1968 in DAGO Number 21, 1969
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 
1 May 1967 through 21 November 1969 in DAGO Number 51, 1971

12.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Vietnam Service Medal (VSM) is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.

	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns –

* Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968)
* Tet Counteroffensive (30 January – 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April – 30 June 1968)

   c.  The Purple Heart is awarded to any member who was wounded or killed in action or 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 Purple Heart, 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.

DISCUSSION AND CONCLUSIONS:

1.  The military medical records the applicant provides show he received a shrapnel wound in the buttocks on 10 December 1967 and that he received medical treatment for the wound.  Thus, it would be appropriate at this time to correct his records to show award of the Purple Heart.

2.  The evidence of record shows:

   a.  the applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized three bronze service stars for wear on his already-awarded VSM.

   b.  DAGOs awarded the applicant's unit the –

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

3.  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:

1.  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:

   a.  awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 10 December 1967 (Standard Name Line:  PFC, Battery A, 6th Battalion, 15th Artillery, 1st Infantry Division);

   b.  deleting from item 24 of his DD Form 214 the "VSM w/ Bz Svc Star"; and

	c.  adding the following awards to item 24 of his DD Form 214 –

* Purple Heart
* Vietnam Service Medal with 3 Bronze Service Stars
* 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)                                         AR20140012445



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ABCMR Record of Proceedings (cont)                                         AR20140012445



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