IN THE CASE OF:	  

		BOARD DATE:	 27 August 2015

		DOCKET NUMBER:  AR20150001205 

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 he was awarded the Purple Heart (PH). 

2.  The applicant states:

   a.  He suffered combat injuries while serving in the Republic of Vietnam (RVN) on 10 November 1967.
   
   b.  He was never considered for the award of the PH and now the evidence of his combat related injury is on file with the Department of Veteran Affairs (VA).
   
   c.  While asleep on the night of 10 November 1967 in Phu-Loi, Vietnam, the 605th Transportation Company came under attack.  The rounds were coming in one after another.  He jumped out of his bunk when a round hit the outside of the door, hitting him with shrapnel.
   
   d.  The next round hit about three feet on the outside of the wall blowing out his left ear drum.  When the all clear was sounded, he was taken to the aid station for treatment.  
   
3.  He provides a DD Form 1380 (U.S Field Medical Card).




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 3 March 1966, the applicant was inducted into the Army of the United States.  He completed initial entry training and he was awarded military occupational specialty 67N (UH-1 Helicopter Repairer).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

* Item 31 (Foreign Service) – Vietnam from 11 April 1967 through 
24 February 1968
* Item 38 (Record of Assignments) – 

o 20th Transportation Company - 11 April 1967 through 
30 June 1967
o 605th Transportation Company – 1 July 1967 through
20 February 1968

* Item 40 (Wounds) – No entry

4.  On 23 February 1968, he was released from active duty in the rank/pay grade of specialist five (SP5)/E-5.  He served 10 months in Vietnam.  He completed 1 year, 11 months and 21 days of active service that was characterized as honorable.  His DD Form 214 shows he was awarded or authorized the:

* NDSM
* VSM
* RVN Campaign Medal with Device (1960)
* Army Good Conduct Medal 
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

5.  His DD Form 214 does not show he was awarded the PH.   

6.  His DD Form 1380 shows he was assigned to the 605th Transportation Company in the RVN on 10 November 1967 when he received treatment in the field for multiple shrapnel wounds to his right and left legs caused by enemy action and incurred while sleeping in the bunk when the wall collapsed.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows:

   a.  All units assigned in Vietnam from 8 February 1962 through 28 March 1973 were awarded the RVN Gallantry Cross with Palm Unit Citation, based on Department of the Army General Order Number 8, dated 1974.
   
   b.  The 605th Transportation Company was cited for award of the Meritorious Unit Commendation (MUC) for the period 1 November 1967 through 31 October 1968, by Department of the Army General Order (DAGO) 39, 1970.

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

	a.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the VSM.

	b.  Table B-1 includes the following Vietnam campaigns:

* Vietnam Counteroffensive, Phase II -1 July 1966 – 31 May 1967
* Vietnam Counteroffensive, Phase III - 1 June 1967 –29 January 1968
* Tet Counteroffensive, 30 January 1968 – 1 April 1968

9.  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.





DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not show the applicant was awarded or issued an order for the PH. 

2.  However, the applicant does provide official documentation that shows he was wounded due to enemy action during his service in the RVN on 
10 November 1967, confirming he received an injury that met the criteria for the PH award.  

3.  The applicant served in Vietnam during a period for which his unit was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant completed a qualifying period of service in Vietnam during three campaigns for the award of the VSM with three bronze service stars.  He is entitled to correction of his DD Form 214 to show this award.

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

   a.  Awarding him the PH effective 10 November 1967.
   
   b.  Deleting the VSM from his DD Form 214.   
   
   b.  Adding to his DD Form 214:
   
* PH
* VSM with three bronze service stars
* MUC
* 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)                                         AR20130017382



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ABCMR Record of Proceedings (cont)                                         AR20150001205



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