IN THE CASE OF: BOARD DATE: 20 April 2017 DOCKET NUMBER: AR20150017435 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: 20 April 2017 DOCKET NUMBER: AR20150017435 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 the applicant the Purple Heart (2nd Award) for wounds received in Vietnam on 13 November 1970 * deleting from his final DD Form 214 the Purple Heart * adding to his final DD Form 214 the Purple Heart (2nd Award) ___________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: 20 April 2017 DOCKET NUMBER: AR20150017435 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 a second Purple Heart and correction of his DD Form 214 (Report of Separation from Active Duty) to show this award. 2. The applicant states: a. He was wounded in action twice during his third tour in Vietnam. The first time was on 13 November 1970 when a Vietcong soldier fired an M-79 grenade into his position and he was hit by shrapnel which was removed the next day. He was not awarded the Purple Heart for this wound. It is simple justice to ensure what he earned is truly acknowledged and awarded. Especially in a circumstance when his life hung so close in the balance, had the grenade been just a little closer. b. He is seeking the Purple Heart (2nd Award) for the wounds he received on 13 November 1970 when he was assigned to Company B, 1st Battalion (BN), 20th Infantry Regiment, 23rd Infantry Division. c. The second time he was wounded in action was on 21 February 1971 from an artillery shell the Vietcong had placed in a tree. He was severely wounded and was later medically discharged. d. To support this request, he is providing a page of his medical records with an entry from 13 November 1970. It is barely readable but states, “B-1/20 - Came in? Frag wound R forearm. Frag wound cleaned and 40 nylon sutures - duty.” Reference is also made to this wound in notes from the Department of Veterans Affairs (VA) stating it did not warrant compensation as it had no lasting consequence.” 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Standard Form (SF) 600 (Chronological Record of Medical Care) * page 2 of a VA Rating Decision, dated 22 June 2004 * a two page printout detailing combat operations in Vietnam on 13 November 1970 and 21 February 1971, printed on 26 August 2014 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 enlisted in the Regular Army on 26 January 1954 and he held military occupational specialties (MOS) 11B (Light Weapons Infantryman) and 31G (Tactical Communications Chief). He served continuously on active duty through multiple reenlistments and/or extensions. He served in Vietnam from 25 June 1965 to 28 May 1966 and 25 November 1967 to 14 November 1968. 3. On 28 September 1970, he arrived in Vietnam and on 5 November 1970 he was assigned in MOS 11B to Company B, 1st BN, 20th Infantry Regiment. 4. The applicant provides an SF 600 wherein it appears to show he was treated for fragment wounds to his right forearm on 13 November 1970. His wounds were cleaned, sutures applied, and he was returned to duty. 5. On 21 February 1971, he was seriously wounded in action and was hospitalized. He was awarded the Purple Heart for wounds received in action on 21 February 1971. 6. On 9 March 1971, he was medically evacuated from Vietnam and on 10 March 1971, he was assigned as a patient to the Medical Holding Company, Madigan General Hospital, Tacoma, WA. 7. He was subsequently issued a permanent profile of "4" in the E (Eyes) category of the PULHES. Based on his assignment limitations, MOS 11B and 31G were withdrawn and he was awarded MOS 71L (Administrative Specialist). 8. On 31 March 1973, he was assigned to a Medical Company, Womack Army Hospital, Fort Bragg, NC, in MOS 71L. 9. Letter Orders Number D 4-45, dated 5 April 1974, issued by the U.S. Army Military Personnel Center, shows he was determined to be permanently unfit for duty due to physical disability. He was relieved from active duty effective 19 April 1974 and placed on the Retired List. 10. He was honorably retired on 19 April 1974 and placed on the Retired List on 20 April 1974. The final DD Form 214 he was issued covers the period 23 October 1968 to 19 April 1974. This is the only DD Form 214 that is available for review with this case. 11. The above DD Form 214 shows the: * National Defense Service Medal (2nd Award) * Army Occupation Medal * Expert Infantryman Badge * Combat Infantryman Badge * Vietnam Service Medal * Vietnam Campaign Medal with 1960 Device * Driver Badge * Army Commendation Medal * Bronze Star Medal with "V" Device * Purple Heart * Army Good Conduct Medal (6th Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Republic of Vietnam Gallantry Cross with Palm Unit Citation 12. On 8 May 2006, he was issued a DD Form 215 that amended his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * Vietnam Service Medal with 1 silver service star and 3 bronze service stars 13. This DD Form 215 also amended his DD Form 214 by adding the entry "Service in Vietnam: 25 June 1965 to 28 May 1966//25 November 1967 to 14 November 1968//28 September 1970 to 9 March 1971." 14. His available record is void of orders awarding him the Purple Heart (2nd Award). His medical records are not available for review with this case. 15. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains the entry "S rt leg" - 21 February 1971. However, it is noted that his DA Form 20 had been reconstructed on an unknown date and all entries were typed onto a new DA Form 20. 16. A review of the Vietnam casualty roster confirms that: * on 13 November 1970, the applicant was wounded in action, not hospitalized * on 21 February 1971, the applicant was wounded in action, hospitalized 17. 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 orders awarding the applicant the Purple Heart and only contained the orders that awarded him the Bronze Star Medal with "V" Device. DISCUSSION: The evidence of record confirms the applicant was wounded in action in Vietnam on 13 November 1970 and 21 February 1971. However, he was only awarded the Purple Heart for wounds received in action on 21 February 1971 and his DD Form 214 shows only one award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017435 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017435 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2