IN THE CASE OF:	  

		BOARD DATE:	  8 October 2015

		DOCKET NUMBER:  AR20150001516 


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, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two awards of the Purple Heart.

2.  The applicant states that two awards of the Purple Heart are missing from the FSM's DD Form 214.  The FSM was awarded certificates on 5 December 1968 and 12 December 1968.  The Purple Heart awards were not entered in his service record or on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Purple Heart Certificate, dated 5 December 1968
* Purple Heart Certificate, dated 12 December 1968
* Death 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 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 FSM was inducted into the Army of the United States on 23 April 1968.  

3.  The FSM's DA Form 20 (Enlisted Qualification Record) shows in:
   
   a.  item 31 (Foreign Service) he served in Vietnam beginning on 13 October 1968.
   
   b.  item 38 (Record of Assignments) he was assigned to Company A and Company D of the 2nd Battalion, 8th Cavalry, 1st Cavalry Division (Airmobile), in Vietnam during the period 18 October 1968 through 9 October 1969. 
   
   c.  item 40 (Wounds) an entry indicating he sustained a fragment wound to his chest and right leg on 4 December 1968; no other entry showing he was wounded on 12 December 1968.
   
   d.  item 41 (Awards and Decorations) no entry for the Purple Heart.  

4.  The FSM's service record does not include orders for award of the Purple Heart.  His service record is void of medical documents.

5.  His name is listed on the Vietnam Casualty Roster.  It shows he was wounded due to hostile action on 4 December 1968.  

6.  The applicant provided two certificates, dated 5 December and 12 December 1968, which both show the FSM was awarded the Purple Heart for wounds received in action on 4 December 1968.  

7.  He was honorably released from active duty on 23 April 1970 after completing 2 years of active military service with one day of lost time.  

8.  The FSM's DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Army Commendation Medal with First Oak Leaf Cluster
* Vietnam Service Medal with three bronze service stars
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

10.  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.

11.  Army Regulation 600-8-22 states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.   Appendix B shows that during his service in Vietnam, he participated in the following four campaigns:

* Vietnam Counteroffensive Phase V 
* Vietnam Counteroffensive Phase VI
* Tet 69/Counteroffensive 
* Vietnam Summer - Fall 1969

12.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that two awards of the Purple Heart are missing from the FSM's DD Form 214 are acknowledged and determined to have a sufficient basis for granting partial relief in this case.

2.  By regulation, in order to award the Purple Heart, it is necessary to establish that a Soldier was wounded in action, the wound required treatment by medical personnel, and the treatment was made a matter of official record.

3.  The FSM's DA Form 20 shows he was wounded in action on 4 December 1968 and his name is listed on the Vietnam Casualty Roster for wounds received in action on this date. 

4.  The applicant provided two award certificates in which they both indicate the FSM was awarded the Purple Heart for wounds received in action on 4 December 1968 in Vietnam.  The FSM's service record is void of evidence which shows he was wounded as a result of hostile action on a separate occasion.  It appears the second certificate is duplicate recognition for the same incident.  

5.  The FSM's unit in Vietnam was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  It would be appropriate to amend the FSM's DD Form 214 to show this foreign unit award.

6.  The FSM's DD Form 214 currently reflects the Vietnam Service Medal with three bronze service stars.  However, he participated in four campaigns during his service in Vietnam.  It appears he is eligible for four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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:

   a.  awarding the FSM the Purple Heart for wounds received in action on 4 December 1968;

   b.  deleting the Vietnam Service Medal with three bronze service stars from his DD Form 214; and

	c.  adding the Purple Heart, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with four bronze service stars to his DD Form 214.

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 correction of the FSM's DD Form 214 to show two awards of the Purple Heart.




      __________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)                                         AR20150001516





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ABCMR Record of Proceedings (cont)                                         AR20150001516



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