IN THE CASE OF: BOARD DATE: 15 May 2014 DOCKET NUMBER: AR20130015156 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 and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. 2. The applicant states he was wounded in action in Vietnam on 2 October 1969. 3. The applicant provides his DD Form 214 and a Standard Form 502 (Clinical Record – Narrative Summary). 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 was inducted into the Army of the United States on 19 November 1968. He completed training and he was awarded military occupational specialty 13B (Field Artillery Crewman). 3. He served in Vietnam from 2 May 1969 to 30 June 1970. He was assigned to Battery A, 6th Battalion, 29th Artillery Regiment, 4th Infantry Division, during this period. 4. His records contain a Standard Form 502, dated 2 October 1969, which shows he was treated for a fragment wound to his left flank. His wound was debrided and he was recommended for evacuation to the rear for recovery. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he sustained a gunshot wound to his left flank on 2 October 1969. 6. He was honorably released from active duty in the rank/grade of corporal/E-4 on 30 June 1970. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * two overseas service bars * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Army Good Conduct Medal * Bronze Star Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 7. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. b. Paragraph 2-13 contains the regulatory guidance for award of the Vietnam Service Medal. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following campaigns: * Tet 69 Counteroffensive 1969 (23 February 1969-8 June 1969) * Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) * Sanctuary Counteroffensive (1 May 1970-30 June 1970) 9. Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 10. 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 6th Battalion, 29th Artillery Regiment, was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 October 1966 to 31 October 1969 in Department of the Army General Orders (DAGO) Number 3, dated 1970 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 in DAGO Number 52, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 to 30 October 1969 in DAGO Number 53, dated 1970 11. Department of the Army Pamphlet 672-3 further states that although wear of multiple awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation is not authorized, official military personnel and historical records will indicate all awards received. DISCUSSION AND CONCLUSIONS: 1. The applicant's service records contain a medical document confirming his injury on 2 October 1969. His DA Form 20 shows he sustained a gunshot wound to his left flank on 2 October 1969 as a result of hostile action. Therefore, these documents are accepted as sufficient evidence to award him the Purple Heart and correct his DD Form 214 to show this award. 2. He was awarded the Vietnam Service Medal. He also participated in four campaigns during his service in Vietnam. Therefore, he is entitled to 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. 3. His unit in Vietnam was cited for two Republic of Vietnam Gallantry Cross with Palm Unit Citations and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his service in Vietnam. Therefore, his DD Form 214 should be corrected to show these unit awards. 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: * awarding him the Purple Heart for wounds received in action on 2 October 1969 * deleting award of the Vietnam Service Medal and Republic of Vietnam Gallantry Cross with Palm Unit Citation from his DD Form 214 * adding the following awards to his DD Form 214 – * Purple Heart * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * 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) AR20130015156 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130015156 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1