BOARD DATE: 29 October 2015 DOCKET NUMBER: AR20150003687 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 he was awarded the Purple Heart. 2. The applicant states he received three different wounds: shrapnel wounds to the back of the head, a gunshot wound to his right middle finger, and shrapnel wounds to his back and the left side of his body. 3. The applicant provides his DD Form 214, General Orders Number 3125, issued by Headquarters, 101st Air Cavalry Division on 2 July 1968, and a letter from the Case Management Division, Army Review Boards Agency, dated 15 October 2014. 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 1 November 1966. Over the course of his service he held several military occupational specialties (MOS) in the Quartermaster Corps. Additionally, he completed the Basic Airborne Course on 21 April 1967. 3. He served in the Republic of Vietnam from on or about 14 December 1967 through 13 July 1969. During this period of service, he was assigned to: * Company D, 2nd Battalion (Airborne), 501st Infantry Regiment, 101st Airborne Division, from on or about 14 December 1967 through 1 May 1968 * Medical Holding Detachment, 106th General Hospital, in a patient status from on or about 2 May 1968 through 24 May 1968 * Company D, 2nd Battalion (Airborne), 501st Infantry Regiment, 101st Airborne Division, from on or about 25 May 1968 through 5 July 1968 * Company A, 801st Maintenance Battalion, 101st Airborne Division, from on or about 6 July 1968 through 14 July 1968 * Headquarters and Headquarters Company, 101st Airborne Division, from on or about 15 July 1968 through 21 February 1969 * Headquarters and Headquarters Company, 3rd Battalion (Airmobile), 506th Infantry Regiment, 101st Airborne Division, from on or about 22 February 1969 through 13 July 1969 4. His record contains a Western Union casualty message, dated 3 March 1968, which shows he was wounded as a result of hostile action on 15 February 1968, wherein he received fragment wounds to his left hand. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he received fragment wounds to his left hand, as well as to his arm and head region, on 15 February 1968. 6. The Vietnam casualty roster indicates he sustained wounds resulting from hostile fire on 15 February 1968 and was hospitalized for the treatment of his wounds. 7. He was honorably released from active duty on 18 July 1969. His DD Form 214 shows he completed 2 years, 8 months, and 18 days of net active service, including 1 year, 7 months, and 6 days of foreign service. His DD Form 214 further shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 8. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. 9. A review of the applicant's records indicates he is entitled to additional awards which are not shown on his DD Form 214. 10. Special Orders Number 167, issued by Headquarters, U.S. Army Training Center, Fort Bragg, North Carolina on 17 December 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 11. Special Orders Number 65, issued by Headquarters, 101st Airborne Division on 5 March 1968, awarded him the Combat Infantryman Badge. 12. General Orders Number 3125, issued by Headquarters, 101st Air Cavalry Division on 2 July 1968, awarded him the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 16 February 1968. 13. General Orders Number 6316, issued by Headquarters, 101st Airborne Division (Airmobile) on 15 September 1968, awarded him the Army Commendation Medal for meritorious achievement during the period 1 March 1968 through 31 July 1968. 14. Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal and states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of 5 bronze service stars. Appendix B shows that during his service in Vietnam, participation credit was awarded for the following seven campaigns: * Vietnam Counteroffensive, Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January 1968 – 1 April 1968) * Vietnam Counteroffensive Phase IV (2 April 1968 – 30 June 1968) * Vietnam Counteroffensive Phase V (1 July 1968 – 1 November 1968) * Vietnam Counteroffensive Phase VI (2 November 1968 – 22 February 1969) * Tet 69 Counteroffensive (23 February 1969 – 8 June 1969) * Vietnam Summer – Fall 1969 (9 June 1969 – 31 October 1969) 15. His record contains a letter from Headquarters, U.S. Army Vietnam, dated 7 January 1969, which authorized him, under the provisions of Army Regulation 672-5-1 (Awards), to accept and wear the Gallantry Cross with Bronze Star, presented by the Government of the Republic of Vietnam. 16. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. a. Company D, 2nd Battalion (Airborne), 501st Infantry Regiment, 101st Airborne Division, to which the applicant was assigned from on or about 14 December 1967 through 1 May 1968 and from on or about 25 May 1968 through 5 July 1968, was awarded or authorized the following awards during the period in which the applicant was assigned: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 April through 15 August 1968, by Department of the Army General Orders (DAGO) Number 21, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971 b. Company A, 801st Maintenance Battalion, 101st Airborne Division, to which the applicant was assigned from on or about 6 July 1968 through 14 July 1968, was awarded or authorized the following awards during the period in which the applicant was assigned: * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 through 2 May 1970, by DAGO Number 48, dated 1971 c. Headquarters and Headquarters Company, 101st Airborne Division, to which the applicant was assigned from on or about 15 July 1968 through 21 February 1969, was awarded or authorized the following awards during the period in which the applicant was assigned: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 July 1968 through 14 May 1969, by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 February 1968 through 2 May 1970, by DAGO Number 48, dated 1971 d. Headquarters and Headquarters Company, 3rd Battalion (Airmobile), 506th Infantry Regiment, 101st Airborne Division, to which the applicant was assigned from on or about 22 February 1969 through on or about 13 July 1969, was awarded or authorized the following awards during the period in which the applicant was assigned: * Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 19 July 1968 through 14 May 1969, by DAGO Number 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 18 March 1968 through 31 May 1970, by DAGO Number 48, dated 1971 17. Department of the Army Pamphlet 672-3, paragraph 6a, provides that not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. This precludes wear of the Vietnamese Fourragere, which represents additional unit awards of the RVN Gallantry Cross. Although the wearing of multiple awards of this unit citation is not authorized, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show he was awarded the Purple Heart was carefully considered. 2. The evidence of record shows he was wounded by hostile fire on 15 February 1968, received medical treatment for his wounds, and the treatment was made part of his official record. Therefore, the regulatory criteria necessary to award the Purple Heart have been met. 3. Records show he completed the Basic Airborne Course; however, the Parachutist Badge is not recorded on his DD Form 214. 4. Special orders awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Combat Infantryman Badge; however, these badges are not recorded on his DD Form 214. 5. General orders awarded him the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 16 February 1968, and the Army Commendation Medal for meritorious achievement during the period 1 March 1968 through 31 July 1968. Neither award is recorded on his DD Form 214. 6. Records show he participated in seven campaigns during his service in the Republic of Vietnam. Therefore, his DD Form 214 should show he was awarded the Vietnam Service Medal with one silver and two bronze service stars; however, these campaign service stars are not recorded on his DD Form 214. 7. He was authorized to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star. This foreign decoration is not recorded on his DD Form 214. 8. General orders awarded his units of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (4th Award) during the periods in which he was assigned. These unit awards are not recorded on his DD Form 214. BOARD VOTE: ___x_____ ___x_____ ___x__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 the Republic of Vietnam on 15 February 1968; and b. amending his DD Form 214 by deleting the Vietnam Service Medal and adding the: * Purple Heart * Army Commendation Medal (2nd Award) with "V" Device * Vietnam Service Medal with one silver and two bronze service stars * Republic of Vietnam Gallantry Cross with Bronze Star * Republic of Vietnam Gallantry Cross with Palm Unit Citation (3rd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (4th Award) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * Parachutist 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. ABCMR Record of Proceedings (cont) AR20100015543 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003687 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1