IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150008772 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150008772 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained in action on 16 February 1970 in the Republic of Vietnam, b. deleting award of the Vietnam Service Medal with two bronze service stars from his DD Form 214 for the period ending 4 March 1971, c. adding the following awards to his DD Form 214 for the period ending 4 March 1971: * Purple Heart * Vietnam Service Medal with four bronze service stars * 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. IN THE CASE OF: BOARD DATE: 5 April 2016 DOCKET NUMBER: AR20150008772 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) for the period ending 4 March 1971 by adding an already-awarded Purple Heart. 2. The applicant states, in effect, he was awarded the Purple Heart for wounds sustained on 16 February 1970 while serving in Vietnam. 3. The applicant provides: * Purple Heart Certificate, dated 24 February 1970 * DD Form 214 * General Orders Number 600, dated 7 July 1970 * Army Commendation Medal Citation for the period September 1969 to September 1970 * two Certificates of Appreciation 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 24 February 1969. 3. He was released from active duty on 4 March 1971. His DD Form 214 shows he served in Vietnam from 3 September 1969 to 2 September 1970. He had 9 days of lost time from 8 to 16 August 1969. He was awarded or authorized: * Army Commendation Medal * National Defense Service Medal * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * two overseas service bars 4. His available service records do not include medical records from his service in Vietnam, but contain the following relevant documents: a. DA Form 20 (Enlisted Qualification Record) shows, while in Vietnam, he served with Company A, 14th Engineer Battalion (Combat) from on or about 9 September 1969 28 August 1970. Item 40 (Wounds) is blank. He has qualifying service for four campaigns: * Vietnam Summer-Fall 1969 (9 June 1969 to 31 October 1969) * Vietnam Winter-Spring 1970 (1 November 1969 to 30 April 1970) * Sanctuary Counteroffensive (1 May 1970 to 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) b. DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice), that he accepted on 19 August 1969 showing one charge of being absent without leave (AWOL) from 8 to 17 August 1969. c. A FRIAR (casualty code used to report Soldiers slightly wounded or injured as a result of hostile action) report from the Commanding General, U.S. Army Vietnam (USARV), identifying the applicant as having been wounded as a result of a land mine explosion at 1645 hours on 16 February 1970. (1) The FRIAR report further stated he was not seriously wounded and had sustained puncture wounds to the leg and his face. He also had a fragmentary wound on his right forearm. (2) At the time, he was a passenger in a Duster (M-42 self-propelled light armored air defense vehicle sometimes used during Vietnam to sweep for mines). He was part of a team that had been on a mine-sweeping operation. 5. The Vietnam Casualty Report is a listing of Vietnam-era casualties commonly used to verify entitlement to award of the Purple Heart. This roster shows that, on 16 February 1970, he was wounded as a result of hostile action (shown as code 24). The cause of the wound is not specifically identified. 6. 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. 7. The applicant provides: a. Purple Heart Certificate, dated 24 February 1970, showing he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 16 February 1970. b. GO Number 600, dated 7 July 1970, issued by Headquarters, 18th Engineer Brigade, awarded him the Army Commendation Medal. REFERENCES: 1. Army Regulation 600-10 (The Army Casualty System), in effect at the time, prescribed policies and procedures for casualty reporting. It states, when a casualty occurs, it will be reported by electronic message, unless mail or courier is faster. The report will include information about the Soldier as well as circumstances of death, injury, or illness. The message will use an appropriate casualty code. The reporting code for Soldiers who have been slightly wounded or injured as a result of hostile action is FRIAR. 2. Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for 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. A bronze service star is authorized with the Vietnam Service Medal for participation in each campaign. c. A bronze oak leaf cluster is authorized for each additional award of the Meritorious Unit Commendation. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army GO Number 8, dated 1974. DISCUSSION: 1. The applicant was wounded as a result of hostile action in Vietnam on 16 February 1970 as evidenced by the official USARV message confirming this combat injury, the Vietnam casualty report and the certificate he provided. a. The criteria for receipt of the Purple Heart include not only that the Soldier was wounded as a result of hostile action, but also that the wound was treated by medical personnel and an official record was made of the treatment. b. Although medical records for his Vietnam service are not available for review, it is highly likely, given the wound was serious enough to merit the issuance of a USARV message, the wound was treated by medical personnel and an official entry would have been made in his medical records. c. References typically used in providing confirmation for the award of the Purple Heart all support he met the criteria for the award. 2. He has qualifying service for four bronze service stars with his already-awarded Vietnam Service Medal. His DD Form 214 only shows two bronze service stars. 3. Department of the Army GO awarded all units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008772 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008772 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2