IN THE CASE OF:	  

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20150003469 


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 the award of the Purple Heart.

2.  The applicant states, :

* in March 1968, during combat operations in Vietnam, he was injured during a firefight
* his unit was conducting an air assault; as the helicopter approached the landing zone they saw the firefight in full progress and the helicopter was not able to land
* he jumped from the helicopter and, as he exited, his pack shifted, causing him to hit the ground in a manner which hyperextended his knee
* he was medically evacuated to the base camp field hospital, then on through other hospitals until he finally ended up at Letterman Army Medical Center in the Presidio of San Francisco
* he eventually had to have three surgeries on his knee and was permanently retired as a result of physical disability
* because this injury was sustained during combat, he feels he should receive the Purple Heart

3.  The applicant provides:

* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 17 December 1968
* DD Form 214 (Report of Separation from Active Duty) for the period ending 29 November 1973
* DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) for the period ending 29 November 1973
* Letter Orders (LO) Number D 11-160, dated 14 November 1973, issued by U.S. Army Military Personnel Center
* Standard Form (SF) 502 (Clinical Record - Narrative Summary), apparently dated 15 October 1973
* an extract of his DA Form 20 (Enlisted Qualification Record) showing 
item 38 (Record of Assignments)
* General Orders (GO) Number 5145, dated 23 September 1968, issued by Headquarters, 4th Infantry Division, awarding him the Army Commendation Medal with "V" Device for heroism on 9 February 1968

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 service records are not available for review.  He provides a duly-constituted DD Form 214 and other documents which can serve as a reconstructed record.  These documents are sufficient to adjudicate the applicant's request.

3.  The DD Form 214 provided by the applicant shows he enlisted in the Regular Army on 29 June 1966.  He was honorably discharged on 17 December 1968 for the purpose of immediate reenlistment.

	a.  This  DD Form 214 shows he completed 2 years, 5 months, and 19 days of total active creditable service. 

	b.  He had 8 months and 10 days of foreign and/or sea service, but the location is not identified.


	c.  He was awarded or authorized:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* one overseas service bar

4.  He reenlisted in the Regular Army on 18 December 1968.  He was honorably discharged on 29 November 1973.  His DD Form 214 shows, for the period covered, he completed 4 years, 9 months, and 8 days of net active creditable service.  His DD Form 214, as amended by a DD Form 215, shows he was awarded or authorized:

* Army Commendation Medal (2nd Award) and "V" Device
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

5.  The extract of his DA Form 20, provided by the applicant, shows he served in Vietnam from on or about 10 July 1967 to on or about 5 March 1968.  He has qualifying service for two campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967 to 29 January 1968)
* Tet Counteroffensive (30 January 1968 to 1 April 1968)

6.  While in Vietnam, he served in three units:

* Headquarters and Headquarters Company, 4th Infantry Division
* Headquarters and Headquarters Company, 1st Battalion, 8th Infantry Regiment
* Company A, 1st Battalion, 8th Infantry Regiment

7.  The Vietnam casualty roster is a listing of Vietnam-era casualties commonly used to verify entitlement to award of the Purple Heart.  This roster shows that, on 28 February 1968, he was wounded as a result of hostile action (shown as code 23).  The cause of the wound is not specifically identified.

8.  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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

9.  The applicant provides:

	a.  LO Number D 11-160, dated 14 November 1973, issued by the U.S. Army Military Personnel Center, which shows he was placed on the permanent disability retired list effective 30 November 1973 with a disability rating of 30 percent.  

	b.  Standard Form (SF) 502 (Clinical Record - Narrative Summary), apparently dated 15 October 1973, which states:

* the applicant presented with instability of his left knee
* in February 1968, he jumped from a helicopter in Vietnam during a combat patrol, falling a distance of between 10 to 15 feet; his body flexed and his knee hyper-extended
* he fell to the ground with extreme pain in the left knee and, soon afterward, he noticed swelling around the joint
* he was medically evacuated from the battlefield and eventually brought to Letterman Army Medical Center where he spent 3 to 5 months in treatment and recovery
* he returned to active duty at Fort Ord, CA and noticed he could not run due to the instability of the joint
* during this period, he re-injured his knee and spent 5 months in the hospital in a knee cast
* in 1970, he again re-injured his knee, and once more in 1971
* in March 1973, he underwent surgery to repair his knee; he did well until a few weeks after rehabilitation when he noticed problems with his knee
* it was the opinion of the surgical staff that the applicant's condition did not warrant another reconstructive surgery and that he did not qualify for continued military service

10.  Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards.

	a.  The Purple Heart is awarded for a wound sustained 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 medical treatment, and the medical treatment must have been made a matter of official record.  All three of these prerequisites must be met in order for a Soldier to receive to this award.

	b.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  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:

	a.  Department of the Army General Orders (DAGO) Number 53, dated 1970, awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, to the1st Battalion, 8th Infantry Regiment for the period 1 October 1966 to 31 October 1969.

	b.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  For the Purple Heart to be awarded, the preponderance of the evidence must clearly show a wound existed, that it was treated and recorded at the time by medical personnel, and that it directly resulted from hostile action.

2.  The evidence clearly shows he was involved in a combat operation and, during that operation, he sustained a knee injury severe enough to require medical evacuation and follow-on treatment which lasted for months.  Additionally, the applicant appears on the Vietnam Casualty Roster as a casualty wounded as a result of hostile action.  This listing is often used to verify entitlement to the Purple Heart.

3.  Based on the foregoing, the fact that he appears on the Vietnam Casualty Roster as having been wounded as a result of hostile action is sufficient evidence to support the applicant's request.

4.  His records also provide evidence for further corrections of his DD Form 214.  Based upon the following, these awards should be added:

	a.  He has qualifying service in Vietnam for two campaigns, but his DD Form 214 does not reflect any bronze service stars for his Vietnam service.
	b.  He was assigned to the 1st Battalion, 8th Infantry Regiment when it was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  This award is not reflected on his DD Form 214.
	c.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This award is also missing from 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 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 the applicant the Purple Heart for a wound sustained on 28 February 1968;

	b.  deleting the Vietnam Service Medal from his DD Form 214 for the period ending 29 November 1973; and

	c.  adding the following awards to his DD Form 214 for the period ending 29 November 1973:

* Purple Heart
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam 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)                                         AR20150003469





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ABCMR Record of Proceedings (cont)                                         AR20150003469



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