BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160001129 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: 27 June 2017 DOCKET NUMBER: AR20160001129 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 3 February 1970; b.  deleting the following awards from his DD Form 214: * Vietnam Service Medal * "Republic of Vietnam Commendation Medal" c.  adding the following awards and badges to his DD Form 214: * Purple Heart * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Machine Gun Bar ___________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: 27 June 2017 DOCKET NUMBER: AR20160001129 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, in effect, award of the Purple Heart (PH). 2.  The applicant states: a.  Item 41 (Awards and Decorations) of his DA Form 20 (Personnel Qualification Record) fails to show the PH. b.  He was wounded in action by the enemy on 3 February 1970 while serving with Company A, 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade, in Chu-Lai, Vietnam. 3.  The applicant provides: * DA Form 20 * letter, dated 19 February 1971 * letter, dated 26 May 1971 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 18 June 1969. He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman). 3.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, published the following orders showing his weapons qualifications as indicated: * Special Orders 224, dated 15 September 1969 – M-16 (Sharpshooter Marksmanship Qualification Badge with Rifle Bar) * Special Orders 240, dated 1 October 1969 – M-60 (Second Class Gunner, currently identified as Marksman Marksmanship Qualification Badge with Machine Gun Bar) 4.  His DA Form 20 shows he served in the Republic of Vietnam from on or about 4 December 1969 through on or about 4 May 1970 with 2nd Battalion, 1st Infantry Regiment, 196th Infantry Brigade. It also shows in: a.  item 40 (Wounds), he sustained fragment wounds to his left leg, hip, and back on 3 February 1970; and b. item 41 (Awards and Decorations), he was awarded or authorized the: * National Defense Service Medal * Marksman Marksmanship Qualification Badge * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Good Conduct Medal (1st Award) 5.  His military records contain and he provided: a.  a memorandum from the Assistant Adjutant, 196th Infantry Brigade, to the Commanding General, Americal Division, dated 19 February 1971, that states the applicant was wounded in action against the enemy on 3 February 1970. It states an interview with the applicant revealed he was actually wounded, given first aid in the field, and further evacuated to the 7th Surgical Hospital for treatment. The Assistant Adjutant requested necessary action for award of the PH and copies of the orders for presentation and documentation in the applicant's records; and b.  Headquarters, 23d Infantry Division (officially designated as Americal Division), 1st indorsement, dated 26 May 1971, which states the applicant was not awarded the PH by the 23d Infantry Division and his wounds were not a matter of official record. 6.  The applicant's records contain no orders or any other documents showing he was awarded the PH. 7.  On 17 September 1971, the applicant was honorably released from active duty. 8.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * "Republic of Vietnam Commendation Medal" * Army Good Conduct Medal * Vietnam Winter-Spring 9.  The applicant's name is recorded on the Vietnam casualty roster as being wounded in action. REFERENCES: 1.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a.  A bronze service star is authorized with the Vietnam Service Medal for participation in each campaign. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns: * Vietnam Winter-Spring 1970 (1 November 1969-30 April 1970) * Sanctuary Counteroffensive (1 May 1970-30 June 1970) b.  The PH is awarded to any member who has been wounded or killed in action. In order to support awarding a member the PH, it is necessary to establish that the wound for which the award is being made was 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 required treatment by a medical officer, and the treatment was made a matter of the official record. c.  The Republic of Vietnam Campaign Medal with Device (1960) is authorized for members who served in the Republic of Vietnam for 6 months or more during the period 1 March 1961 through 28 March 1973. Individuals who serve for less than 6 months who were wounded by hostile forces are also entitled to receive this award. d.  There is no award known as the "Republic of Vietnam Commendation Medal." 2.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It shows the 2d Battalion, 1st Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders Number 42, dated 1972. 3.  Army Regulation 635-5 (Separations Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. The preparation instructions for item 24 stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized from the DA Form 20. DISCUSSION: 1.  The applicant claims entitlement to award of the PH. His DA Form 20 shows he was wounded in action on 3 February 1970. A letter on file from the Assistant Adjutant, 196th Infantry Brigade, confirms his wounding and receipt of medical treatment. Further, the applicant's name is recorded on the Vietnam casualty roster. 2.  Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Orders also awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) and Marksman Marksmanship Qualification Badge with Machine Gun Bar. By regulation, the unit award and badges should be recorded on his DD Form 214. 3.  He participated in two named campaigns during his service in Vietnam. Thus, he is authorized two bronze service stars with his already-awarded Vietnam Service Medal. 4.  The "Republic of Vietnam Commendation Medal" is not an authorized award within the Department of the Army's inventory of awards. Based on his service in Vietnam, he is authorized award of the Republic of Vietnam Campaign Medal with Device (1960). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001129 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001129 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2