IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140021340 


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 award of the Purple Heart and correction of his 
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Air Medal and the Purple Heart.

2.  The applicant states he was not awarded the Purple Heart due to miscommunication between field personnel.  He contests that according to the third-party statements he is providing in support of his request, his wounds should have been reported to the proper personnel.  He adds that he was awarded the Air Medal but the award was not recorded on his DD Form 214.

3.  The applicant provides his DD Form 214, three third-party statements, eight DA Forms 1594 (Daily Staff Journal or Duty Officer's Log) pertaining to the 1st Battalion, 8th Cavalry covering the period 27-29 November 1968, and orders for the Air Medal.

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's military records are not available for review.  His records were requested from the repository in St. Louis, MO, but without success.  This case is being considered based of the documents provided by the applicant and orders for the Bronze Star Medal extracted from the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, maintained by the U.S. Army Human Resources Command Military Awards Branch.

3.  His DD Form 214 shows he was inducted into the Army of the United States on 27 March 1968 and that he held military occupational specialty 11B (Light Weapons Infantryman).

4.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 1475, dated 7 February 1969, awarded him the Air Medal for actions during the period August 1968 to January 1969.  These orders show his unit of assignment as Company C, 1st Battalion (Airmobile), 8th Cavalry.

5.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 8135, dated 1 July 1969, awarded him the Bronze Star Medal for actions during the period August 1968 to August 1969.  These orders also show his unit of assignment as Company C, 1st Battalion (Airmobile), 8th Cavalry.

6.  He was honorably released from active duty on 26 March 1970.  His DD Form 214 does not show the Purple Heart or the Air Medal as authorized awards.  It does show he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  The DD Form 214 also show his inclusive dates of service in Vietnam as 
1 September 1968 to 27 August 1969.

8.  A review of the Adjutant General's Office Casualty Division's Vietnam Casualty Roster does not show the applicant's name as a combat casualty.

9.  A review of ADCARS failed to reveal orders for the Purple Heart pertaining to the applicant.

10.  He provided a third-party statement from a fellow member of Company C, 1st Battalion, 8th Cavalry (Mr. J. T. K.) during his service in Vietnam, in which the author states the applicant was injured while conducting combat operations under the following circumstances:

	a.  On 27 November 1968, near the Cambodian border, their unit walked into an ambush.  The applicant's platoon was ordered to help evacuate the wounded.

	b.  They started clearing a landing zone in the jungle when they came across a large tree in the middle of the zone being cleared.  The order was given to blow down the tree with explosives.  

	c.  The bottom of the tree was blown but the tree fell the wrong way.  He and the applicant were in a shallow hole when branches from the tree punctured the applicant in several places.  He was then medically evacuated along with the other wounded.  

11.  He provided two additional third-party statements that attest to Mr. J. T. K.'s statement that the applicant was seriously injured when a tree blown by explosives placed by his unit fell the wrong way puncturing him.  

12.  He also provided DA Forms 1594 pertaining to the 1st Battalion, 8th Cavalry covering the period 27-29 November 1968, and pointed out an incident on 
29 November 1968 indicating a medical evacuation was requested and that a 
C Company enlisted member suffered a fractured upper right leg caused by a limb from a blown tree.  

13.  Army Regulation 600-8-22 (Military Awards) states 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.

14.  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 1st Battalion, 8th Cavalry was cited in general orders for the following unit awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 and for the period May 1969 to February 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970

15.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and correction of his 
DD Form 214 to show the Air Medal and the Purple Heart has been carefully considered.  

2.  General orders show he was awarded the Air Medal for actions during the period August 1968 to January 1969.  Therefore, he is authorized correction of his DD Form 214 to show this award.

3.  The evidence shows the 1st Battalion, 8th Cavalry was cited for awards of Republic of Vietnam Gallantry Cross Unit Citation for the period 9 August 1965 to 19 May 1969 and for the period May 1969 to February 1970, and for the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 
1 January 1969 to 1 February 1970. 

4.  Based on the dates of service shown on his orders for the Air Medal and Bronze Star Medal, it is reasonable to conclude he was a member of the 
1st Battalion, 8th Cavalry during the periods of service for the above mentioned unit awards.  Therefore, it would be appropriate to correct his DD Form 214 by adding these unit awards.  Although he is authorized to wear only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, his DD Form 214 should be corrected to show all of his authorized unit awards.

5.  The evidence provided by the applicant indicates he was injured when a tree blown by members of his unit fell on his position causing him serious injuries.  However, this evidence suggests his injuries were as a result of an accident and not as a result of hostile enemy actions.  The governing regulation provides that substantiating evidence must be provided to verify the wound was the result of hostile action.  Therefore, there is insufficient evidence for award of the Purple Heart in this case.  As a result, this portion of his request should be denied.  

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 the Air Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

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 awarding him the Purple Heart for injuries sustained in November 1968.




      ___________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)                                         AR20140021340



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021340



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1