BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150004928 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 Separation) to show he was awarded the Purple Heart. 2. The applicant states he feels the absence of this award on his DD Form 214 is the result of an administrative oversight on the part of the An Khe Field Hospital clerical staff. 3. The applicant provides: * 2 Standard Forms (SF) 88 (Report of Medical Examination), dated 19 January 1967 and 19 March 1969 * SF 89 (Report of Medical History), dated 19 March 1969 * DA Form 8-275 (Clinical Record Coversheet), dated 2 October 1968 * DA Form 8-275-3 (Clinical Record Coversheet), dated 2 October 1968 * DD Form 214 for the period ending 19 March 1969 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 15 August 1967. He held military occupational specialty 13E (Cannon Fire Direction Specialist) and attained the rank/grade of sergeant (SGT)/E-5. 3. Special Orders Number 9, issued by Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, Oklahoma on 10 January 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). 4. His DA Form 20 (Enlisted Qualification Record) shows: a. He served in the Republic of Vietnam from 6 February 1968 to 19 March 1969, where he was assigned to A Battery, 2nd Battalion, 17th Artillery Regiment from 10 February 1968 to 16 March 1969. b. Item 40 (Wounds) shows he received a mortar fragment wound to his right shoulder on 14 September 1968. 5. 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 and maintained by the U.S. Army Human Resources Command failed to reveal Purple Heart orders pertaining to the applicant. 6. The Vietnam casualty roster lists the applicant's name and shows he was "battle wounded" on 14 September 1968 and that the wound was classified as "hostile, wounded in action." 7. He was honorably released from active duty on 19 March 1969. He completed 1 year, 7 months, and 5 days of net active service, of which 1 year, 1 month and 13 days were credited as foreign service. a. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists the: * National Defense Service Medal * Army Commendation Medal * Army Good Conduct Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars b. Item 30 (Remarks) does not show his foreign service in the Republic of Vietnam. 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 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 medical personnel, and the medical treatment must have been made a matter of official record. b. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star will be worn in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns: * Tet Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive (Phase IV, 2 April 1968 - 30 June 1968) * Vietnam Counteroffensive (Phase V, 1 July 1968 - 1 November 1968) * Vietnam Counteroffensive (Phase VI, 2 November 1968 - 22 February 1969) * Tet 69 Counteroffensive (23 February 1969 - 8 June 1969) 9. Army Regulation 600-200 (Enlisted Personnel Management System) prescribed policies, responsibilities, and procedures pertaining to the career management of Army enlisted personnel. Chapter 9 of the version in effect at the time, stated, in pertinent part, 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 (wounds) 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 2nd Battalion, 17th Artillery was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 to 16 April 1971, by Department of the Army General Order (DAGO) Number 54, dated 1974. 11. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The instructions specified for: a. Item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized from section 41 (Decorations and Awards) of the individual's DA Form 20, omitting authorities cited therein; and b. Item 30 (Remarks), indicate Indochina and Korea service performed on or after 5 August 1964 by entering the inclusive dates of service for Vietnam and indicating "Yes" or "No" for the service in Indochina and Korea. Where the records reflect assignment to an organization in Burma, Laos, Thailand, Cambodia, or Vietnam, show "Yes" for Indochina. For example, service in Vietnam should be shown as "Vietnam – 21 May 1969 to 10 June 1971, Indochina – Yes, Korea – No." DISCUSSION AND CONCLUSIONS: 1. The applicant meets the criteria for award of the Purple Heart prescribed in Army Regulation 600-8-22. Specifically, his DA Form 20 and the Vietnam casualty roster both show he was wounded as a result of hostile enemy action on 14 September 1968, his wounds were treated by an appropriate medical authority, and the treatment of his wounds was made a matter of official record. 2. However, his record does not contain orders awarding him the Purple Heart and this award was not listed on his DD Form 214. 3. His DD Form 214 does show he was awarded the Vietnam Service Medal; however, it does not include an affixed silver service star to denote his participation in 5 campaigns. 4. General orders awarded his unit of assignment the Republic of Vietnam Gallantry Cross with Palm Unit Citation, during the period in which he was assigned; however, this unit award was not listed on his DD Form 214. 5. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16); however, this marksmanship badge was not listed on his DD Form 214. 6. His record confirms he served in the Republic of Vietnam from 26 February 1968 to 19 March 1969; however, item 30 of his DD Form 214 does not list this period of foreign service. 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 him the Purple Heart for wounds received in action on 14 September 1968; b. deleting from item 24 of his DD Form 214 the Vietnam Service Medal; c. adding to item 24 of his DD Form 214 the: * Purple Heart * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) d. adding to item 30 of his DD Form 214 the entry, "Vietnam – 26 February 1968 to 19 March 1969, Indochina – Yes, Korea – No." __________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) AR20150004928 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004928 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1