IN THE CASE OF:	  

		BOARD DATE:	  25 June 2015

		DOCKET NUMBER:  AR20140019023 


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, award of the Purple Heart.

2.  The applicant states he was wounded twice in combat in Vietnam, but he did not receive the Purple Heart.

3.  The applicant provides two letters he received from the Army Review Boards Agency Case Management Division.

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 of the United States on 9 June 1970 and he held military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, 1st Basic Combat Training Brigade, U.S. Army Training Command, Infantry, Special Orders Number 142, dated 1 August 1970, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) on 20 July 1970.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 4 November 1970 through 9 October 1971 and he was assigned to Company A, 3d Battalion, 1st Infantry Regiment, 11th Infantry Brigade.  He participated in four campaigns during his service in Vietnam.

5.  Item 40 (Wounds) of his DA Form 20 contains no entries.  There is no evidence in his records showing he was wounded as a result of hostile action.

6.  His records contain a DA Form 8-275 (Clinical Record Cover Sheet), dated 26 June 1971, which shows he was admitted to the 95th Evacuation Hospital and discharged on 30 June 1971.  Item 35 (Cause of Injury) is blank.  Item 36 (Diagnoses, Operations, and Special Procedures) lists his diagnosis as:  "wound, closed, fragment to index finger right hand (old)," and indicates his injury was incurred in the line of duty and had not existed prior to service.

7.  Standard Form 93 (Report of Medical History), dated 13 December 1971, also makes note of the fragment wound to his right second finger followed by the annotation "RVN [Republic of Vietnam]."

8.  He was honorably released from active duty on 23 December 1971.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal with one bronze service star
* Army Good Conduct Medal
* Combat Infantryman Badge

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



10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained 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.

	b.  A bronze service star is authorized with the Vietnam Service Medal for participation in each credited 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.  This pamphlet shows the 11th Infantry Brigade was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart was carefully considered.

2.  Official medical documentation made a matter of the applicant's official record contemporaneous to the time of the injury corroborates his admittance to the 95th Evacuation Hospital in the Republic of Vietnam from 26 to 30 June 1971 for medical treatment of a fragment wound.  The wound was documented as "old" at the time of treatment, but also determined by a medical professional to be both in the line of duty and not existing prior to service.  Although this documentation failed to explicitly show the wound was an injury resulting from hostile action, the evidence is sufficient to reasonably conclude the applicant received a shrapnel wound resulting from hostile action while serving in Vietnam.  Therefore, he is entitled to award of the Purple Heart and correction of his DD Form 214 to show this award.

3.  Orders show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 20 July 1970.  His DD Form 214 should be corrected to show this badge.

4.  He was awarded the Vietnam Service Medal and participated in four campaigns.  His DD Form 214 should be corrected to show four bronze service stars with his Vietnam Service Medal.

5.  General orders awarded the unit to which the applicant was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Purple Heart for wounds sustained in action in the Republic of Vietnam on 26 June 1971
* deleting the Vietnam Service Medal with one bronze service star from his DD Form 214
* adding the following awards to his DD Form 214 –

* Purple Heart
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)



      _______ _   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)                                         AR20140019023



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ABCMR Record of Proceedings (cont)                                         AR20140019023



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