IN THE CASE OF:	  

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140017779 


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) ending on 20 July 1974 to show the Purple Heart and other service ribbons. 

2.  The applicant states he received the Purple Heart in Vietnam in 1968 for a shoulder wound.  He earned the Purple Heart and other ribbons and wants his DD Form 214 corrected to show all authorized awards.

3.  The applicant provides his DD Forms 214 ending on 28 April 1963, 28 January 1969, and 20 July 1974. 

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 enlisted in the Regular Army on 27 April 1961 and he held military occupational specialty (MOS) 951.15 (Military Policeman).  

3.  He was honorably discharged on 28 April 1963 for the purpose of reenlistment.  His DD Form 214 for this period of service shows he completed 2 years of active service with no foreign service and he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Marksman Marksmanship Qualification Badge with Pistol Bar

4.  He reenlisted in the Regular Army on 29 April 1963 for a 6-year term.  He held MOS 63C (General Vehicle Repairman).  He served in:

* Korea, from on or about 9 September 1963 to on or about 17 September 1964
* Germany, from on or about 26 August 1965 to on or about 30 October 1967
* Vietnam from on or about 12 December 1967 to on or about 9 December 1968; he was assigned to Company D, 701st Maintenance Battalion, 1st Infantry Division 

5.  He was honorably discharged in the rank/grade of sergeant (SGT)/E-5 on 28 January 1969.  His DD Form 214 for this period of service shows he completed 5 years and 9 months of active service.  It also shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal 

6.  After a break in service, he enlisted in the Regular Army on 27 July 1971.  He held MOS 63C (Track Vehicle Repairman).  He served in Germany from 18 October 1971 to on or about 16 July 1974.  

7.  He was honorably discharged from active duty on 20 July 1974 following a bar to reenlistment for miscellaneous disciplinary infractions.  His DD Form 214 for this period of service shows he completed 2 years, 11 months, and 24 days of active service.  It also shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Campaign Medal
* 2 overseas service bars
* Vietnam Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)

9.  There is no evidence of record that shows he was injured or wounded as a result of hostile action (emphasis added) or that he was awarded the Purple Heart.  Nothing in several typical sources show he was wounded/injured as a result of hostile action:

	a.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not show a combat wound or injury.  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.

	b.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders for the Purple Heart pertaining to the applicant.

	c.  His name is not shown on the Vietnam casualty listing created by the Army Surgeon General's Office.  This is a microfiche listing of Vietnam era casualties treated by medical personnel that is used to verify entitlement to the Purple Heart.

	d.  His records do not contain an official Army message or a Western Union telegram notifying his next of kin of an injury or wound.  This was the proper notification of injuries to family members at the time.

	e.  His medical records are not available for review with this case.  

10.  Army Regulation 600-8-22 (Military Awards) provides that 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

11.  Army Regulation 600-8-22 paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star denotes five bronze service stars.  Appendix B shows that during his service in Vietnam from on or about 12 December 1967 to on or about 9 December 1968, participation credit was awarded for the following five 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
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI   2 November 1968 - 22 February 1969

12.  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, during his assignment to the 701st Maintenance Battalion, this unit was cited for awards of the:

* Meritorious Unit Commendation, for service from 1 July 1967 to 31 May 1968, based on Department of the Army General Orders (DAGO) Number 73, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 12 July 1965 to 16 October 1968, based on DAGO Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 October 1965 to 7 April 1960 based on DAGO Number 53, dated 1970 

13.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Korea from on or about 9 September 1963 to on or about 17 September 1964.  He served a qualifying period for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his DD Form 214 ending on 20 July 1974 to show this award. 

2.  GO 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 ending on 20 July 1974 to show these unit awards. 

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in five campaigns while serving in the Republic of Vietnam; therefore, he is entitled to a silver service star to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 ending on 20 July 1974 to show this service star. 

4.  With respect to the Purple Heart:

	a.  The criteria for the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The applicant's service record is void of any orders that show he was awarded the Purple Heart or that he was wounded or injured as a result of hostile action.  His name is not listed on the Vietnam casualty listing.  His medical records are not available for review.  There is nothing in multiple typical sources that confirm he was wounded as a result of hostile action or that he required treatment by medical personnel.

	c.  The applicant's contention and sincerity are not in question.  However, in the absence of orders or documentation that conclusively shows he was wounded or injured as a result of enemy action and treated for those wounds, in addition to a record of treatment and that the medical treatment was made a matter of official record there is an insufficient evidentiary basis for adding award of the Purple Heart to his DD Form 214.


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 adding to his DD Form 214 ending on 20 July 1974: 

* Korea Defense Service Medal
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* A silver service star to be affixed to his already-awarded Vietnam Service Medal 

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 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)                                         AR20140017779



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ABCMR Record of Proceedings (cont)                                         AR20140017779



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