IN THE CASE OF: BOARD DATE: 18 October 2016 DOCKET NUMBER: AR20150013404 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: 18 October 2016 DOCKET NUMBER: AR20150013404 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 in the Republic of Vietnam on 7 July 1965 * awarding him the Army Good Conduct Medal (1st Award) for the period 8 August 1963 through 26 July 1965 * adding the following awards to his DD Form 214 – * Purple Heart * Meritorious Unit Commendation * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) ___________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: 18 October 2016 DOCKET NUMBER: AR20150013404 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) to reflect award of the Purple Heart. 2. The applicant states: a. His DD Form 214 does not show award of the Purple Heart that was mailed to him. He was wounded in the right thigh by metal grenade fragments on 7 July 1965 in Vietnam. b. The Department of Veterans Affairs (VA) placed him in health benefits priority group 8. If his DD Form 214 is amended to show award of the Purple Heart, he will be placed in the proper health benefits priority group 3. 3. The applicant provides: * undated letter from his Member of Congress to the Army Review Boards Agency * privacy release form * page 3 of his DA Form 24 (Service Record) * DD Form 214 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 8 August 1963. 3. Section 2 (Chronological Record of Military Service) of his DA Form 24 shows he was assigned to Headquarters and Headquarters Company, 2d Battalion (Airborne), 503d Infantry Regiment, U.S. Army Pacific. 4. Section 5 (Service Outside Continental United States) of his DA Form 24 shows he departed Okinawa on 5 May 1965 and served in Vietnam from 5 May 1965 through 18 July 1965 when he departed Vietnam for return to Okinawa. He participated in one campaign during his service in Vietnam. 5. Section 8 (Wounds Received Through Enemy Action) of his DA Form 24 contains the entry: "Wound, metal frag[ment], right thigh, 7 July 1965." 6. His DD Form 214 shows he was honorably released from active duty on 26 July 1965. He completed a total of 1 year, 11 months, and 18 days of net active service. He was awarded or authorized the: * Marksman Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Combat Infantryman Badge * Armed Forces Expeditionary Medal 7. There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. His DA Form 24 shows he had all "excellent" conduct and efficiency ratings with the exception of one rating of "good" and one of "unknown" while he was in training. 8. There are no orders in his records awarding him the Purple Heart. There is no medical evidence in his records and he did not provide any medical evidence showing he was wounded as a result of hostile action or otherwise wounded or injured while serving in Vietnam. 9. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant. 10. The Vietnam Casualty Roster shows he was wounded as a result of hostile action on 7 July 1965. 11. An undated letter from his Member of Congress addressed to the Army Review Boards Agency states the applicant is an Army veteran requesting correction of his military records to show he was awarded the Purple Heart for an injury he sustained in Vietnam on 7 July 1965. He provided records indicating he was injured by metal fragments to his right thigh. The VA does not recognize the award because it is not listed on his DD Form 214. If he can show the VA he was awarded the Purple Heart, he can be placed in a higher priority category for VA healthcare service and no longer need to make co-payments for inpatient and outpatient VA medical services. REFERENCES: 1. 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. Chapter 9 of the version in effect at the time stated 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 section 8 of the DA Form 24. This regulation further stated that the date the wound or injury occurred would also be placed in section 8. b. The National Defense Service Medal is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974 for service in Vietnam. c. The Vietnam Service Medal is awarded to all service members of the Armed Forces of the United States serving in Vietnam and its contiguous waters or airspace there over, after 3 July 1965 through 28 March 1973. Attachment or regular service for 1 or more days with an organization participating in or directly supporting military operations qualifies an individual for award of the Vietnam Service Medal. Individuals who qualified for the Armed Forces Expeditionary Medal for service in Vietnam between 1 July 1958 and 3 July 1965 (inclusive) will remain qualified for that medal. Upon request, any such individual may be awarded the Vietnam Service Medal instead of the Armed Forces Expeditionary Medal. In such instances, Armed forces Expeditionary Medal will be deleted from the list of authorized medals in personnel records. No person will be entitled to both awards for Vietnam service. d. The Republic of Vietnam Campaign Medal is awarded by the government of the Republic of Vietnam to service members of the U.S. Armed Forces who served 6 months in the Republic of Vietnam or outside the geographical limits of the Republic of Vietnam contributing direct combat support to the Republic of Vietnam from 1 March 1961 through 28 March 1973. Service members who served in the Republic of Vietnam or contributed direct combat support to Vietnam for less than 6 months during the specified period but were wounded by hostile forces are eligible for the award. 2. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 3. 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 2d Battalion, 503d Infantry Regiment, was awarded the: * Meritorious Unit Commendation for the period 6 May 1965 through 4 May 1967 by Department of the Army General Orders Number 48, dated 1968 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 through 26 September 1970 by Department of the Army General Orders Number 51, dated 1971 DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to reflect award of the Purple Heart was carefully considered. Although his military records do not contain orders awarding him the Purple Heart or medical documentation showing he was treated for wounds sustained as a result of hostile action, his DA Form 24 contains the annotation that he received a metal fragmentary wound to the right thigh through enemy action on 7 July 1965 and this entry is supported by the Vietnam Casualty Roster. These official entries are sufficient to show his entitlement to award of the Purple Heart. The Purple Heart is not reflected on his DD Form 214. 2. Service members who served in the Republic of Vietnam or contributed direct combat support to Vietnam for less than 6 months during the specified period and were wounded by hostile forces were eligible for award of the Republic of Vietnam Campaign Medal. The Republic of Vietnam Campaign Medal is not reflected on his DD Form 214. 3. He served honorably during the period 8 August 1963 through 26 July 1965. There is no evidence in his records of disciplinary actions or a commander's disqualification for the first award of the Army Good Conduct Medal. The Army Good Conduct Medal is not reflected on his DD Form 214. 4. General orders awarded the unit to which he was assigned in Vietnam the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013404 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013404 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2