BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20170000621 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: AR20170000621 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 him the Purple Heart for wounds received as a result of hostile action in the Republic of Vietnam on 19 May 1969 * deleting award of the Overseas Service Ribbon with Numeral 3 from his retirement DD Form 214 * adding the following awards to his retirement DD Form 214: * Purple Heart * Korea Defense Service Medal * Overseas Service Ribbon with Numeral 6 * Meritorious Unit Commendation (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Driver and Mechanic Badge ___________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: AR20170000621 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 (Certificate of Release or Discharge from Active Duty) to show award of the Purple Heart. He also requests a personal hearing. 2. The applicant states he was wounded on 19 May 1969 during a rocket attack at Camp Granite, Qui Nh?n, Vietnam. He was medically evacuated from Vietnam before orders could be published to award him the Purple Heart. He has the medal, but the award was not made a part of his service record. 3. The applicant provides: * Congressional correspondence * DD Form 214 for the period ending 28 February 1982 * denial letter from the U.S. Army Human Resources Command (HRC) * DA Form 2-1 (Personnel Qualification Record – Part II) * Department of Veterans Affairs (VA) letter from his primary care physician 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 16 November 1961. He was honorably discharged on 15 March 1962 for the purpose of immediate enlistment in the Regular Army. He enlisted in the Regular Army on 16 March 1962. 3. He served continuously on active duty through multiple reenlistments in a variety of stateside and/or overseas assignments. He attained the rank/grade of staff sergeant (SSG)/E-6. 4. He held military occupational specialties 64B (Heavy Vehicle Driver), 64C (Motor Transport Operator), 11B (Infantryman), and 71N (Traffic Management Specialist). He was credited with six overseas tours and his overseas and/or foreign service included assignments to: * Germany – 4 June 1962 to 9 March 1965 * Vietnam – 24 September 1966 to 20 September 1967; he was assigned to the 61st Transportation Company (Medium Truck) * Vietnam – 21 October 1968 to 30 May 1969; he was assigned to the 444th Transportation Company (24 October to 25 November 1968) and Headquarters and Headquarters Company (HHC), 593d General Support Group (24 November 1968 to 25 May 1969) * Germany – 28 January 1970 to 24 January 1973 * Korea – 15 December 1975 to 13 January 1977 * Germany – 20 July 1979 to 14 July 1981 5. He retired on 28 February 1982 and he was placed on the Retired List in his retired rank/grade of SSG/E-6 on 1 March 1982. His retirement DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Vietnam Service Medal with five bronze service stars * Army Good Conduct Medal (5th Award) * Army Service Ribbon * Overseas Service Ribbon with Numeral 3 * Noncommissioned Officer Professional Development Ribbon with Numeral 2 * Army Commendation Medal 6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows he was awarded or authorized the following in addition to those awards listed on his DD Form 214: * Safe Driver's Badge (currently known as the Driver and Mechanic Badge) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) 7. There is no evidence of record in several typical sources that shows he was injured or wounded as a result of hostile action or that he was awarded the Purple Heart. a. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain an entry for a combat wound/injury and the date of such injury. Item 41 (Awards and Decorations) of his DA Form 20 does not list the Purple Heart as an authorized award. b. His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, that is commonly used to verify eligibility for the Purple Heart. c. His records do not contain an official Army notification or a Western Union telegram notifying his next of kin of an injury. This was a normal notification procedure during the Vietnam War. d. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders showing he was awarded the Purple Heart. 8. His service medical records are not available for review. 9. He applied to HRC for award of the Purple Heart. With his application, he provided or his records contained: a. a previous DA Form 2-1 that shows the following entries in item 38 (Record of Assignment): * 25 May 1969 – patient, Medical Hold Company, 106th General Hospital * 2 June 1969 – patient, Medical Hold Company, Martin Army Hospital, Fort Benning, GA * 21 July 1969 – heavy vehicle driver, Medical Company, Martin Army Hospital, Fort Benning b. VA rating decisions, dated October 1998, March 1999, March 2000, September 2001, June 2002, and September 2002, that show he receives service-connected disability compensation for "multiple scars, abdomen, shrapnel wounds, Vietnam Era"; and c. three Standard Forms 513 (Clinical Record – Consultation Sheet), ranging in date from May 1976 to November 1978, mentioning injuries from shrapnel wounds: * 6 May 1976 – reason for request "shrapnel wound to (illegible word), 1969," now increasing in pain * 16 November 1977 – reason for request "shrapnel wound 1969" * 9 November 1978 – reason for request "multiple chest, abdomen, and leg shrapnel wounds in 1969" 10. On 29 July 2016, HRC notified the applicant by letter that based on a review of the documentation submitted and the resources available to their office, HRC was unable to verify his entitlement to the Purple Heart. 11. He also provided a letter from his VA primary care physician who states he has been diagnosed with a condition that will likely lead to imminent death. 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 for a wound sustained in action against and 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 must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. (1) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. (2) Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. b. The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense. c. The Overseas Service Ribbon is awarded for successful completion of overseas tours. Effective 1 August 1981, all members are eligible for this award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. 2. 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. 3. Department of the Army Pamphlet 672-3 (Unit Citations and Campaign Participation Credit) shows: a. During his service with the 61st Transportation Company in Vietnam from 24 September 1966 to 20 September 1967, this unit was cited for award of the Meritorious Unit Commendation for service from 4 November 1966 to 1 April 1967 in Department of the Army General Orders (DAGO) Number 24, dated 1972. b. During his service with the 444th Transportation Company in Vietnam from 24 October 1968 to 24 November 1968, this unit was cited for award of the Meritorious Unit Commendation for service from 1 November 1968 to 20 April 1969 in DAGO Number 36, dated 1970. c. DAGO 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 criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify the injury/wound was the result of hostile action, the injury/wound must have required treatment by a medical personnel, and the medical treatment must have been made a matter of official record. a. In this case, the applicant's name is not shown on the Vietnam casualty roster, his DA Form 20 does not show he was wounded in action, his medical records are not available for review, and his service records are void of orders showing he was awarded the Purple Heart. His records are also void of any official Army correspondence or Western Union telegrams and there is no conclusive evidence in his service personnel records showing he was wounded or injured as a result of hostile action or treated for such wounds. b. He provided service medical documents, albeit not contemporaneous, that confirm he complained of pain on three separate occasions due to shrapnel wounds. Additionally, his DA Form 20 shows he left Vietnam in a patient status and he was ultimately awarded service-connected disability compensation by the VA for "multiple scars, abdomen, shrapnel wounds, Vietnam Era." Finally, the applicant contends he has the actual medal. c. Although the cause of his shrapnel injury is not known, any doubt should be ruled in his favor. There appears to be enough evidence to show he met the criteria for award of the Purple Heart. 2. The applicant served in Korea from 15 December 1975 to 13 January 1977. He is authorized award of the Korea Defense Service Medal and correction of his final DD Form 214 to show this medal. 3. DAGO awarded his units in Vietnam two Meritorious Unit Commendations and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. His final DD Form 214 does not list these unit awards. 4. He completed six overseas service tours and he had an Active Army status on or after 1 August 1981 (he retired on 28 February 1982). He is authorized six awards of the Overseas Service Ribbon. His final DD Form 214 shows three awards of the Overseas Service Ribbon. 5. His DA Form 2-1 shows he was authorized the following badges which do not appear on his DD Form 214: * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber) * Driver and Mechanic Badge //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000621 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000621 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2