BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001536 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: 20 June 2017 DOCKET NUMBER: AR20160001536 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. deleting award of the Vietnam Service Medal from his DD Form 214 and b. adding the following awards to his DD Form 214: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class 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. BOARD DATE: 20 June 2017 DOCKET NUMBER: AR20160001536 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 show award of the Purple Heart. 2. The applicant states he finally received a copy of his medical records and DA Form 8-275-3 (Clinical Record Coversheet), which indicates the Purple Heart was awarded. 3. The applicant provides: * DA Form 8-275-3 * DD Form 214 * Standard Form 88 (Report of Medical Examination) * Standard Form 89 (Report of Medical History) * Special Orders Number 231 * Special Orders Number 221 * General Orders Number 273 * DA Form 3082-R (Statement of Medical Condition) * DA Form 20 (Enlisted Qualification Record) * letter from the Veterans Administration 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 26 November 1965. He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. A DA Form 8-275-3, dated 2 March 1967, shows he was transferred from the 4th Medical Battalion to the 18th Surgical Hospital in the Republic of Vietnam on 26 February 1967. a. Item 23 (Diagnoses) shows: * right shoulder wound fragment * he was at the fire base camp when a fragment from an M-79 round struck him at approximately 1600 hours, 26 February 1967 * Line of Duty – Yes b. Item 24 (Operations and Special Therapeutic Procedures) shows the entry: "2 Mar 67 [2 March 1967]: debridement of wds [wounds] Local anesthesia 1% xylocaine." c. Item 25 (Selected Administrative Data) shows the entry: "Purple Heart awarded this station GO [General Orders] 6 dated 1 Mar 67 [1 March 1967]." 4. Item 31 (Foreign Service) of his DA Form 20 shows he received credit for service in the Republic of Vietnam from 21 July 1966 to 10 July 1967. Item 38 (Record of Assignments) shows he was assigned to Company A, 1st Battalion, 22d Infantry Regiment, U.S. Army Vietnam, from 21 July 1966 through 7 July 1967. Item 40 (Wounds) is blank. Item 41 (Awards and Decorations) does not show award of the Purple Heart. 5. The applicant's Standard Form 89, dated 16 October 1967, shows he noted he was struck by shrapnel in his right shoulder in South Vietnam in February 1967. 6. General Orders Number 273 issued by Headquarters, Fort Polk, on 8 November 1967 awarded him the Army Good Conduct Medal (1st Award) for the period 26 November 1965 to 25 November 1967. 7. The applicant provided a letter from the Veterans Administration, dated 28 May 1968, stating he should be limited to light work not involving heavy lifting by reason of a service-connected injury to his right shoulder area. 8. The applicant was honorably released from active duty on 25 November 1967. His DD Form 214 does not show award of the Purple Heart; however, it does show he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 9. The applicant's name is not listed in The Adjutant General's Office Vietnam casualty listing. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding him the Purple Heart. 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 to members of the Armed Forces of the United States who, while serving under the authority with any of the U.S. Armed Services, have been wounded, were killed, or who have died or may hereafter die of wounds received as a result of hostile enemy action. The wound, injury, or death must have been the result of hostile enemy action, the wound or injury must have required treatment, not merely examination, by a medical officer or a medical professional, provided a medical officer include a statement in the service member's medical record that wounds would have required treatment by a medical officer if one had been available. Additionally, treatment of the wound will be documented in the service member's medical and/or health record. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following two campaigns: * Vietnam Counteroffensive Phase II (1 July 1966-31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968) 3. U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders. It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment. 4. 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. This pamphlet shows the 1st Battalion, 22nd Infantry Regiment, was cited for award of the: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 in Department of the Army General Orders Number 54, dated 1974; and b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 in Department of the Army General Orders Number 53, dated 1970. DISCUSSION: 1. The DA Form 8-275-3, dated 2 March 1967, shows he received fragment wounds to his right shoulder from an M-79 round on 26 February 1967 while serving in the Republic of Vietnam. This document further shows he was admitted to the 18th Surgical Hospital in the Republic of Vietnam on the same day; he was treated for his wounds; and he was awarded the Purple Heart in General Orders Number 6, dated 1 March 1967. His DD Form 214 does not reflect award of the Purple Heart. 2. The applicant participated in two campaigns during his service in the Republic of Vietnam and he is authorized two bronze service stars with his Vietnam Service Medal. His DD Form 214 does not reflect these bronze service stars. 3. General orders awarded the applicant the Army Good Conduct Medal (1st Award) for the period 26 November 1965 to 25 November 1967. His DD Form 214 does not reflect this award. 4. General orders also awarded the applicant’s unit in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service during his period of assignment. His DD Form 214 does not reflect 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) AR20160001536 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001536 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2