IN THE CASE OF:  

		BOARD DATE:  7 July 2015  	

		DOCKET NUMBER:  AR20140018884


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded a Purple Heart (PH).     

2.  The applicant states:

* he was physically awarded the PH, but it was never put in his record
* he started the process for disability and realized there was no paperwork to show award of the PH in his file  
* there is documentation in his file that shows he hit a landmine
   
3.  The applicant does not provide any supporting documentation.

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.  On 30 November 1967, the applicant enlisted in the Regular Army.  He completed the training requirements and he was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).  

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam beginning on 26 November 1968.  It further shows:

* in item 38 (Record of Assignments) that he was assigned to the 1st Squadron, 11th Amored Cavalry Regiment (ACR) during the period 30 November 1968 through 24 November 1969; he departed from Vietnam on 25 November 1969
* in item 40 (Wounds) that he received possible broken ribs on 12 August 1969 and shrapnel in his back on 6 July 1969

4.  On 27 November 1970, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve.  He served 2 years, 11 months, and 28 days of net active duty service.

5.  The applicant's DD Form 214 shows he was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Bronze Star Medal with "V" Device
* Army Commendation Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

6.  The PH is not listed on his DD Form 214 and his official military personnel file is void of documentation showing that orders were issued awarding him the PH.  

7.  The applicant states he hit a land mine and the documentation is in his medical file at the Department of Veterans Affairs (VA) Medical Center.  However, he provides no medical documentation or supporting evidence that shows his injury was due to combat action in Vietnam.  The Board was unable to access his VA records.

8.  A review of the Vietnam casualty listing compiled by The Adjutant General's Office, Casualty Division, does not show the applicant's name as a casualty.

9.  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 Resource Command, failed to reveal any orders for the PH pertaining to the applicant.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  It shows that during the period he was assigned to the 11th ACR the unit was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 May 1969 - 15 February 1970 by Department of the Army General Order (DAGO) 50, dated 1971.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His service in Vietnam coincided with the following four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 
22 February 1969)
* Tet 69 Counteroffensive (23 February 1969 - 8 June 1969)
* Vietnam Summer Fall 1969 (9 June 1969 - 31 October 1969)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)

12.  Army Regulation 600-8-22 (Military Awards) states the PH is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

13.  Army Regulation 600-200, chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injuries 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20, item 40 shows he was wounded on two different occassions.

2.  Army Regulation 600-200, chapter 9, in effect at the time, stated that wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  

3.  Department of the Army Pamphlet 672-3 shows that the 11th ACR was awarded the RVN Gallantry Cross with Palm Unit Citation while he was assigned to the unit.  Therefore, his official military records should show he is entitled to the award of the RVN Gallantry Cross with Palm Unit Citation.

4.  He was awarded the VSM and he participated in four campaigns while serving in Vietnam.  Therefore, his DD Form 214 should be corrected to show his already-awarded VSM with four bronze service stars.

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:

* awarding him the PH (2nd Award) for wounds received on 6 July 1969 and 
12 August 1969 in the RVN
* deleting the VSM from his DD Form 214


* adding to his DD Form 214:

* PH (2nd Award)
* VSM with four bronze service stars
* RVN 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)                                         AR20110019594



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ABCMR Record of Proceedings (cont)                                         AR20140018884



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