BOARD DATE: 10 November 2016 DOCKET NUMBER: AR20160001918 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: 10 November 2016 DOCKET NUMBER: AR20160001918 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 the wound he incurred on 12 November 1970; b. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214: * Army Commendation Medal (2d Award) * Purple Heart * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm 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: 10 November 2016 DOCKET NUMBER: AR20160001918 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 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart. 2. The applicant states he received shrapnel wounds during a firefight on 12 November 1970. He was seen at the 91st Evacuation Hospital, Chu Lai, Vietnam. 3. The applicant provides: * DA Form 8-275-3 (Clinical Record Cover Sheet) * Standard Form 539 (Abbreviated Clinical Record) * Standard Form 600 (Chronological Record of Medical Care) * Department of Veterans Affairs Rating Decision 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 16 October 1969. He held Military Occupational Specialty (MOS) 11D (Armor Reconnaissance Specialist). 3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows: * in item 31 he served in Vietnam between on or about 29 September 1970 and 28 September 1971 * in item 38 he was assigned to the Troop E, 1st Cavalry, from 15 October 1970 to 23 September 1970 * his awards listed in item 39 includes: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with “1960” Device * Army Commendation Medal (two awards announced in orders issued by the 23d Infantry Division) * Overseas Service Bar * Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 4. On 28 September 1971, he was released from active duty. 5. The DD Form 214 shows he was authorized: * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with “1960” Device * Two Overseas Service Bars * Army Commendation Medal * Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 6. The applicant’s name is listed on the Vietnam Casualty Roster as having been wounded in action by hostile fire on 12 November 1970. 7. The applicant provided DA Form 8-275-3, which states he had a penetrating wound to his right arm with no nerve or artery involvement. He stated he had pulled into a night lagger position when he was hit by a hostile rocket propelled grenade round on 12 November 1970. 8. SF 539, dated 14 November 1970, states the applicant sustained a minor fragment wound to his upper right arm on 12 November 1970. REFERENCES: 1. Army Regulation (AR) 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 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. The applicant participated in two campaigns: * Vietnam Counteroffensive Phase VII, 1 July 1970 - 30 June 1971 * Consolidation I, 1 July 1971 - 30 November 1971 4. Department of the Army General Orders (GO) Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. The evidence of record that shows the applicant received shrapnel wounds as a result of hostile action in Vietnam on 12 November 1970. His wounds required treatment and he received treatment at the 91st Evacuation Hospital. The evidence indicates his wound met the criteria for an award of the Purple Heart. 2. Orders issued by the 23d Infantry Division awarded the applicant two Army Commendation Medals. His DD Form 214 only lists one award. 3. He was awarded the Vietnam Service Medal and participated in two campaigns during his service in Vietnam. He is authorized 2 bronze service stars to be affixed to his Vietnam Service Medal. The bronze service stars are not listed on his DD Form 214. 4. His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001918 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001918 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2