BOARD DATE:	  17 September 2015

		DOCKET NUMBER:  AR20150001805 


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 (PH).

2.  The applicant states:

	a.  He should have received the PH for shrapnel wounds he sustained from a rocket propelled grenade (RPG) in combat against a hostile force in the Republic of Vietnam (RVN).

	b.  He was awarded the Bronze Star Medal (BSM) with “V” Device for heroism which clearly states he was wounded by shrapnel while returning to his friendly element and refused medical treatment until he ascertained mission success.

3.  The applicant provides a BSM order.
   
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 show he was inducted into the Army of the United States on 13 June 1968.  He was trained in and awarded military occupational specialty 76A (Supply Clerk).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows:

   a.  he served in the RVN with Company C, 319th Artillery Regiment, 
101st Airborne Division;
   
	b.  he received excellent conduct and efficiency ratings at each of his active duty assignments;

   c.  item 40 (Wounds) is blank; and

   d.  the PH is not included in item 41 (Awards and Decorations).

4.  The applicant's official military personnel file (OMPF) is void of orders or other documents indicating he was awarded the PH by proper authority while serving on active duty.  It is also void of any derogatory information or a unit commander's disqualification that would have precluded him from receiving the AGCM.

5.  His OMPF contains the following Headquarters, 101st Airborne Division, General Orders (GO):

   a.  GO Number 10672 dated 18 August 1969, awarding him the BSM for meritorious service in connection with ground operations against a hostile force during the period 1 December 1968 to 31 July 1969; and
   
   b.  GO Number 12977 dated 12 October 1969, awarding him the BSM with “V” Device and Oak Leaf Cluster (OLC) for heroism in ground operations against a hostile force on 20 May 1969.  The citation includes the statement:  “He was wounded by shrapnel while returning to his friendly element, but refused medical aid until he was sure of the success of the mission.”
   
6.  The applicant was honorably released from active duty by reason of expiration term of service on 12 June 1970.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years of creditable active service.

7.  Item 24 of his DD Form 214 shows he earned the following awards:

* BSM
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM) with 2 bronze service stars
* RVN Campaign Medal with Device 1960
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made 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 a medical officer and that treatment must have been made a matter of the official record.

	b.  Paragraph 2-13 of the awards regulation 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 and a silver service star is used to denote five bronze service stars.  Appendix B shows that during the applicant's service in Vietnam, he participated in the following five campaigns:

* Vietnam Counteroffensive Phase V
* Vietnam Counteroffensive Phase VII
* Tet 69 Counteroffensive 1969
* Vietnam Summer-Fall 1969,
* Vietnam Winter-Spring 1970

   c.  Army Regulation 672-5-1 (Awards) stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 
3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during the applicant’s tenure of assignment in the RVN, the applicant's unit was cited for award of the Presidential Unit Citation (PUC), RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the PH for being wounded in the RVN. His OMPF contains and he provides an official order awarding him the BSM with “V” Device and OLC.  This order confirms he was wounded in action, but refused medical treatment until he was sure his unit’s mission was a success.  This confirms his wounding in action as well as his subsequent medical treatment.  Accordingly, the regulatory criteria necessary for award of the PH has been substantiated.  Thus, it would be appropriate to award the applicant the PH for wounds received in action in the RVN on 20 May 1969.

2.  The available evidence includes official orders showing he was awarded the BSM (twice): once for meritorious service and the second time for heroism.  His
DD Form 214 currently list the BSM which signifies only one award.  Accordingly, this entry should be corrected to show the BSM (2nd Award) with "V" Device. 

3.  The applicant's record confirms he received "excellent" conduct and efficiency ratings during his military service.  Further, his OMPF is void of derogatory information or a specific disqualification by previous commanders with whom he served.  As a result, it would be appropriate to award him the AGCM (1st Award) for his qualifying period of honorable active service from 13 June 1968 to 
12 June 1970.

4.  During the applicant’s tenure in the RVN his unit was cited for award of the PUC, RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation when he was assigned to the unit.  These awards should be added to his DD Form 214.

5.  Finally, based on the applicant's service and campaign participation in the RVN he is authorized a silver service star to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add this service star to his DD Form 214.

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:

* Bronze Star Medal
* Vietnam Service Medal with 2 bronze service stars

   b.  awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 20 May 1969;

   c.  awarding him the Army Good Conduct Medal (1st Award), for his qualifying honorable active service from 13 June 1968 to 12 June 1970; and
      
   d.   Adding to his DD Form 214 the:
   
* Bronze Star Medal (2nd Award) “V” Device
* Purple Heart
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with silver service star
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20150001805



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ABCMR Record of Proceedings (cont)                                         AR20150001805



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