IN THE CASE OF:  

		BOARD DATE:  30 July 2015	  

		DOCKET NUMBER:  AR20140020603 


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) to show award of the Purple Heart.  He further requests to have his Department of Veterans Affairs (DVA) medical eligibility status changed to Priority Group 3.

2.  The applicant states, in effect, although he was awarded the Purple Heart for a wound he sustained while serving in the Republic of Vietnam (RVN), it was not shown on his DD Form 214.  He has the original Purple Heart Certificate that he received when the award finally caught up with him in Germany.  He shed his blood for this country in Vietnam and since then has shed blood, sweat, tears, and money because of this bureaucratic mess.

3.  He provides a Purple Heart Certificate.

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 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 number of Veterans who can be enrolled in the DVA health care program is determined by the amount of money Congress gives DVA each year.  Since funds are limited, DVA set up Priority Groups to make sure that certain groups of Veterans are able to be enrolled before others.  The applicant has requested, in part, to have his DVA medical eligibility status changed to Priority Group 3 based upon being awarded the Purple Heart.  This portion of his requested relief is not within the purview of the ABCMR.  It is strongly recommended that he contact his local regional DVA office to obtain step-by-step guidance for having his Priority Group changed.  In view of the foregoing, this portion of the applicant's request will not be discussed any further in these Proceedings.

3.  Following a period of enlisted service, the applicant was appointed as a second lieutenant in the Army of the United States on 21 November 1967.  He was trained in and awarded military occupational specialty 1193 (field Artillery Unit Commander).  The highest rank/grade he attained while serving on active duty was captain/O-3.  He served in the Republic of Vietnam from 22 November 1968 through 21 November 1969 and in Germany from 13 January 1970 through 8 January 1973.

4.  His record contains a DA Form 66 (Officer Qualification Record) which shows in:

	a.  item 17 (Foreign Service), that he served in the Republic of Vietnam from 22 November 1968 through 21 November 1969 and in Germany from 13 January 1970 through 8 January 1973.

	b.  item 18 (Record of Assignments), that while in Vietnam he was assigned to 5th Battalion, 4th Artillery Regiment, 1st Infantry Brigade, 5th Infantry Division. 

	c.  item 21 (Awards and Decorations), no indication that he was awarded the Purple Heart.

	d.  item 23 (Qualification in Arms), that on the following dates he qualified at the levels shown with the weapons indicated:

* 10 April 1967, Sharpshooter with the M-60 Machine Gun
* 6 July 1967, Marksman with the M-14 Rifle


5.  His record contains a DD Form 1380 (U.S. Field Medical Card) which shows he sustained a fragmentation wound to his left leg on 28 March 1969.  The wound was cleaned and dressed prior to him being admitted to a ward for further treatment and observation.  This form was authenticated by a medical officer.

6.  His record contains a Standard Form (SF) 600 (Chronological Record of Medical Care) which shows he sustained a shrapnel wound to his left thigh on 28 March 1969.  The wound was cleaned, debrided, and dressed.

7.  His record contains a DA Form 67-6 (U.S. Army Officer Efficiency Report (OER)) rendered for the period 20 September 1968 to 11 May 1969 that details the facts and circumstances surrounding the manner in which the applicant was wounded in combat.

8.  On 24 May 1971, he was honorably released from active duty after completing 3 years, 6 months, and 2 days of active service.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* 2 Overseas Service Bars

9.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 28 March 1969
under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

10.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders showing the applicant was awarded the Purple Heart.

11.  The applicant provides a Purple Heart Certificate which shows he was awarded the Purple Heart for wounds received in the Republic of Vietnam as a result of hostile action on 28 March 1969.


12.  References:

	a. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart 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 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.

	b. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on 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.  Appendix B shows that the following four campaigns took place during his period of service in the Republic of Vietnam:

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

	c. Department of the Army General Orders (DAGO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

	d. Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  The documents in his record and the Republic of Vietnam casualty roster clearly show he sustained a wound as a result of hostile action and he received treatment for these wounds.  The certificate provided by the applicant further corroborates these facts and shows he was awarded the Purple Heart by the appropriate authority.  Therefore, there is sufficient evidence to warrant correcting his DD Form 214 to show the Purple Heart.

2.  Records show the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  All units in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment. Therefore; this unit award should be added to his DD Form 214.

4.  Evidence shows he qualified as a Sharpshooter with the M-60 Machine Gun and as a Marksman with the M-14 Rifle.  Therefore, he is entitled to correction of his DD Form 214 to show award of the:

* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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:

	a. deleting from his DD Form 214 the Vietnam Service Medal ;  and

	b. adding the following awards to his DD Form 214:

* Purple Heart
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation


* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)



      __________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)                                         AR20140020603





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ABCMR Record of Proceedings (cont)                                         AR20140020603



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