IN THE CASE OF:	  

		BOARD DATE:	  1 September 2015

		DOCKET NUMBER:  AR20150002070 


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 military service records to show award of the Purple Heart.

2.  The applicant states he served in the Republic of Vietnam (RVN) with Company B, 26th Engineer Battalion, Americal Division.  He was wounded in action on 17 December 1970 and transferred to the 91st Evacuation Hospital.  He was then medically evacuated to Camp Zama, Japan.  He adds that he was presented the Purple Heart and the orders, but he was heavily medicated at the time and he doesn't know what happened to them.

3.  The applicant provides copies of a DA Form 8-275-3 (Clinical Record Cover Sheet) and a DA Form 3647 (Clinical Record Cover Sheet).

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 enlisted in the Regular Army (RA) on 3 May 1968 for a period of 3 years.  He was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).

3.  His military personnel records do not contain a DA Form 20 (Enlisted Qualification Record); however, his DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service), served in Vietnam from:

* 7 December 1968 through 27 June 1969
* 12 May 1970 through 22 January 1971

* item 9 (Awards, Decorations and Campaigns), no entry for the Purple Heart

4.  Through a series of reenlistments, the applicant continued to serve on active duty in the RA.  He attained the rank of staff sergeant/pay grade E-6.

5.  A review of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 20 February 1970 and his two DD Forms 214 (Report of Separation from Active Duty) with effective dates of 22 July 1975 and 3 May 1978 failed to reveal he was awarded the Purple Heart.

6.  The applicant's final DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was honorably discharged on 2 April 1981. 

   a.  He had completed 2 years, 10 months, and 29 days of net active duty service this period and 9 years, 11 months, and 23 days of total prior active service.

   b.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Parachutist Badge
* Pathfinder Badge
* Bronze Star Medal
* Army Commendation Medal with "V" Device
* RVN Gallantry Cross with Palm Unit Citation
* Army Good Conduct Medal (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* 2 Overseas Service Bars

7.  A review of the applicant's military personnel records failed to reveal a copy of orders or other evidence that shows he was awarded the Purple Heart.  This review revealed that, during his foreign service in the RVN, he was assigned to:

* Company B, 26th Engineer Battalion, Americal Division, during the period 7 December 1968 to 27 June 1969
* Company B, 2nd Battalion (Mechanized), 2nd Infantry, 1st Infantry Division, during the period 12 May 1970 to 22 January 1971

8.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant as a casualty on 17 December 1970 with casualty status code 26 (hostile wounded in action; not serious, hospitalized).

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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal orders showing the applicant was awarded the Purple Heart.

10.  In support of his application the applicant provides the following documents:

   a.  A Clinical Record Cover Sheet that shows the applicant was admitted to the 91st Evacuation Hospital, Chu Lai, RVN, on 17 December 1970, for first and second degree burns on the face, chest, both arms, and 25 percent of total body surface.  It also shows that he was assigned to Company B, 26th Engineer Battalion, and he was wounded in action (WIA) while driving a truck that went over a hostile mine on or about 1530 hours, 17 December 1970, near Phat City, RVN.  It further shows in item 25 (Selected Administrative Data):  "18 December 1970:  Purple Heart awarded per [91st Evacuation Hospital] General Orders (GO) 276."  The form indicates the applicant was transferred to Camp Zama [Japan] and shows it was signed by the attending medical doctor and hospital registrar/medical records officer.

   b.  A Clinical Record Cover Sheet that shows the applicant was admitted to U.S. Army Hospital, Camp Zama, Japan, on 22 December 1970, for second degree burns on the face, scalp, left upper extremity, right upper extremity, back,  both ears, and 13.5 percent of total body surface.  It also shows he was WIA while driving a truck that went over a hostile mine on or about 1530 hours, 
17 December 1970, near Phat City, RVN.  It further shows in item 29 (Selected Administrative Data):  "Purple Heart awarded 91st Evacuation Hospital per GO Number 276, dated 18 December 1970."  The form indicates the applicant was transferred to Womack Army Hospital, Fort Bragg, NC, and shows it was signed by the attending medical doctor and hospital registrar/medical records officer.

11.  A review of the applicant's military personnel records reveals he may be entitled to additional awards that are not shown on his DD Form 214.

12.  Headquarters, 1st Infantry Division, GO Number 6033, dated 28 June 1969, awarded the applicant the Army Commendation Medal with "V" Device for heroism in the RVN on 11 January 1969.

13.  Headquarters, Americal Division, GO Number 13991, dated 20 October 1970, awarded the applicant the Army Commendation Medal for meritorious achievement in the RVN from 1 June 1970 to 30 September 1970.

14.  Headquarters, U.S. Army Training Center, Fort Jackson, SC, Permanent Orders 102-2, dated 10 September 1979, awarded the applicant the Army Good Conduct Medal (3rd Award) for exemplary behavior, efficiency, and fidelity in active Federal military service from 10 August 1976 to 9 August 1979.

15.  Headquarters, U.S. Army Training Center, Fort Jackson, SC, Permanent Orders 137-001, dated 11 December 1980, also announced the award of the Army Good Conduct Medal (3rd Award) for exemplary behavior, efficiency, and fidelity in active Federal military service from 10 August 1976 to 9 August 1979.

16.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star may be worn in lieu of five bronze service stars.
	
	b.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Sanctuary Counteroffensive (1 May - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

	c.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  An oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Army Commendation Medal.

   d.  The Purple Heart is awarded to any member who was wounded or killed as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  A physical lesion is not required; however, in order to support awarding a member the Purple Heart, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.  As with all personal decorations, announcement in orders is required.
   
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was WIA in the RVN on 
17 December 1970, he received medical treatment for his injuries, the treatment was made a matter of official record, and the award was announced in GOs. Thus, it would be appropriate at this time to correct his records to show award of the Purple Heart.

2.  The evidence of record shows:

   a.  GOs awarded the applicant the Army Commendation Medal with "V" Device and the Army Commendation Medal (1st Oak Leaf Cluster);

   b.  GOs also awarded him the Army Good Conduct Medal (3rd Award);

   c.  the applicant qualified for award of the Vietnam Service Medal and he participated in five campaigns during his service in Vietnam.  

3.  Therefore, it would be appropriate to correct the applicant's 2 April 1981 DD Form 214 to show his awards and decorations, as recommended below.

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.  deleting from item 13 of his 2 April 1981 DD Form 214 the following entries:

* "Vietnam Service Medal"
* "Army Commendation Medal w/ "V" Dvc"
* "Good Conduct Medal / 2d Award"

	b.  adding the following to item 13 of his 2 April 1981 DD Form 214:

* Purple Heart
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Army Good Conduct Medal (3rd Award)
* Vietnam Service Medal with 1 Silver Service Star




      _______ _   __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)                                         AR20150002070



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ABCMR Record of Proceedings (cont)                                         AR20150002070



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