BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018473 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 BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018473 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: a. awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 18 April 1968; and b. adding to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 23 November 1970 – * Purple Heart * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Meritorious Unit Commendation (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. BOARD DATE: 25 April 2017 DOCKET NUMBER: AR20150018473 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 23 November 1970 by awarding him the Purple Heart. 2. The applicant states he received shrapnel wounds to his left leg and was medically evacuated to Japan for 2 months. 3. The applicant provides: * DD Form 214 * DA Form 20 (Enlisted Qualification Record) * TVC-18 (Texas Veterans Commission – Claims Tracking Form) 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 6 July 1966. He completed training and he was awarded military occupational specialty 63H (Auto Repairman). 3. On 23 November 1967, he was honorably discharged for immediate enlistment. The DD Form 214 he was issued reflects award of the National Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-14). 4. On 24 November 1967, he enlisted in the Regular Army for a term of 3 years. 5. His DA Form 20 shows he was assigned to the Republic of Vietnam from 12 February 1968 to 11 February 1969 and that he served with Detachment A, 27th Maintenance Battalion, 1st Cavalry Division, from 15 February 1968 to 23 April 1968. This form shows he was hospitalized on 24 April 1968. On 25 July 1968, he rejoined his unit. 6. Item 40 (Wounds) of his DA Form 20 states the applicant received shrapnel wounds to his left leg on 18 April 1968. 7. There are no orders in the applicant's records showing he was awarded the Purple Heart. 8. On 23 November 1970, he was honorably released from active duty at the expiration of his term of service. His DD Form 214 lists the following awards: * Vietnam Service Medal with 4 bronze service stars * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal 9. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 10. 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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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. 2. Army Regulation 600-200 (Enlisted Personnel Management System), 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 of the DA Form 20. This regulation further states that item 40 of the DA Form 20 would record the date the wound or injury occurred. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to the 27th Maintenance Battalion, his unit was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 9 August 1965 through 19 May 1969 by Department of the Army General Order (DAGO) Number 59, dated 1969; and b. Two Meritorious Unit Commendations, for the periods 1 June 1967 through 31 May 1968 by DAGO Number 28, dated 1969 and 1 June 1968 through 30 November 1969 by DAGO Number 2, dated 1971. DISCUSSION: 1. The applicable regulation 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 of the DA Form 20. This regulation further stated that item 40 of the DA Form 20 would record the date the wound or injury occurred. 2. There are no general orders awarding the applicant the Purple Heart and the Vietnam casualty roster does not list the applicant's name; however, his wounds and hospitalization are recorded on his DA Form 20, confirming, in effect, that he was wounded as a result of hostile action and that his wounds required medical treatment. 3. General orders awarded his unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two Meritorious Unit Commendations during his period of assignment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018473 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018473 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2