IN THE CASE OF:	

		BOARD DATE:	1 October 2015 

		DOCKET NUMBER:  AR20150001848 


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 sustained injuries in Vietnam as a result of enemy action on 9 April 1968 and, in effect, award of the Purple Heart.

2.  The applicant states:

* he was injured on his hand and foot
* he served in Vietnam for 11 months and 24 days
* he and his unit were attacked by the enemy again on 5 May 1968
* he was honorably discharged at his expiration term of service
* his injuries are recorded in his military medical records, but they are not on his DD Form 214
* he was released from active duty (REFRAD) 26 days after the last attack

3.  The applicant provides:

* DD Form 214
* DD Form 1380 (U.S. Field Medical Card)
* Standard Form (SF) 600 (Chronological Record of Medical Care)
* Self-authored statement
* Article on a sapper attack
* Letter, dated 2 August 1968, from a Claims Judge Advocate
* SF 513 (Consultation Sheet)

* Report on a sapper attack
* Photographs
* Listing of Soldiers killed in action 

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 to the Board.  This case is being considered using the documents provided by the applicant.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States on 4 August 1966.

4.  His DA Form 20 (Enlisted Qualification Record) is not available for review.

5.  The available evidence does not include orders for award of the Purple Heart.  His name is not listed on the Vietnam Casualty Roster.

6.  He provided the following documents:

	a.  A DD Form 1380, dated 9 April 1968, which shows he was diagnosed as having a laceration to his left foot.  This form shows he was injured as a result of an enemy blast that knocked him down.  The injury occurred in the line of duty.

	b.  An SF 600, which shows he was treated on 9 April 1968 at the 142nd Dispensary for a cut on his foot.  The medical personnel noted that the applicant injured his feet on the previous night during enemy attack, had a shallow laceration on top of his left foot, and also had a cut between his first and second toe on his left foot.  The wound was cleaned and dressed.


	c.  A self-authored statement, in which he states he was in the 526th Collection Classification and Storage Company on 9 April 1968 in Qui Nhon during a sniper attack.  He arrived at the 526th Collection Classification and Storage Company in January 1968 and he departed in September 1968.  He only had nine months left before he was REFRAD.  His unit was attacked about 
2:30 a.m.  His building was blown up and burned to the ground.  Many were fired upon as they ran from the building.  He lost everything he owned, except for what he had on.  He has lived with this nightmare for over 40 years now, but it seems as if it happened yesterday.

	d.  A newspaper article, date unknown, which reports that Communist guerrillas blew up a U.S. Army barracks in the coastal city of Qui Nhon and they machine-gunned American survivors who scrambled out of the wreckage.  The article states that the explosion and the machine-gunning killed five Americans and wounded 23.  The applicant's name is not mentioned.

	e.  A letter, dated 2 August 1968, from a Claims Judge Advocate, regarding his claim for payment based on an incident that occurred on 9 April 1968.

	f.  An SF 513, dated 11 April 1968, shows he was evaluated at the 85th Evacuation Hospital for a fracture of proximal head of 5th metatarsal.

	g.  A report on the 9 April sapper attack which provides details of events concerning an enemy attack on the 526th Collection Classification and Storage Company.

7.  He was REFRAD on 31 May 1968 after completing 1 year, 9 months, and 27 days of active military service.  His DD Form 214 shows he completed 11 months and 24 days of foreign service in USARPAC [U.S. Army Pacific].  The specific dates he served in Vietnam are not available.  However, he was separated as an overseas returnee so it may be deduced that he served in the Republic of Vietnam from at least June 1967 to May 1968.

8.  His DD Form 214 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, one Overseas Service Bar, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

9.  A review of 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 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 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 Vietnam Counteroffensive Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.

12.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN 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.

13.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The version in effect at the time did not provide for an entry for wounds in action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show he sustained injuries in Vietnam as a result of enemy action on 9 April 1968 is acknowledged.  However, the regulation in effect at the time did not provide for entering wounds received in action on the DD Form 214.

2.  The applicant's contentions regarding being injured on his hand and foot are acknowledged.

3.  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.



4.  Although his name is not listed on the Vietnam Casualty Roster, his medical documents show he went to a dispensary in Vietnam on 9 April 1968 for complaints of injury to his left foot following an enemy attack.  His DD Form 1380, dated 9 April 1968, shows he was diagnosed as having a laceration to his left foot.  This form shows he was injured as a result of an enemy blast that knocked him down.  These documents are sufficient evidence on which to base award of the Purple Heart.

5.  The RVN Gallantry Cross with Palm Unit Citation was awarded to all units that served in Vietnam and it is not shown on his DD Form 214.  Therefore, his DD Form 214 should be amended to show this unit award.

6.  The applicant participated in three campaigns and qualified for award of three bronze service stars on his previously-awarded Vietnam Service Medal.

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 him the Purple Heart for wounds received in action on 9 April 1968; 

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

   c.  amending his DD Form 214 to add the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with three bronze service stars.



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 his DD Form 214 to show he sustained injuries in Vietnam as a result of enemy action on 9 April 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)                                         AR20150001848





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ABCMR Record of Proceedings (cont)                                         AR20150001848



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