BOARD DATE: 3 March 2016 DOCKET NUMBER: AR20150004162 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 award of the Purple Heart and the Combat Infantryman Badge. 2. The applicant states he was wounded in action on 18 May 1969 in the "Battle of Hill 937/Hamburger Hill" in South Vietnam. While he was trying to recover the body of a dead Soldier, he was hit in the left hand by enemy shrapnel which caused swelling in his hand and forearm just below his elbow. In early 2001, his left hand began to bother him and he had it x-rayed. It was determined that shrapnel was lodged in his hand and it was removed in October 2001. 3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and an email dated 6 February 2015. 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 20 May 1968. He completed training as a light weapons infantryman. He arrived in Vietnam on 21 April 1969 and he was assigned to Company D, 3rd Battalion (Airmobile), 187th Infantry Regiment. 3. He participated in two campaigns: * Tet 69 Counteroffensive Campaign, extending from 23 February through 8 June 1969 * Vietnam Summer-Fall 1969 Campaign, extending from 9 June through 31 October 1969 4. Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he received a shrapnel wound to his left hand on 18 May 1969. 5. On 13 August 1969, Special Orders Number 225 were published by 101st Airborne Division (Airmobile) awarding him the Combat Infantryman Badge. 6. The applicant departed Vietnam en-route to the United States on 19 August 1969. 7. On 19 May 1970, he was released from active duty at the expiration of his term of service. His DD Form 214 does not show he was awarded the Combat Infantryman Badge or the Purple Heart. His DD Form 214 does show he received the: * Good Conduct Medal * Vietnam Service Medal * National Defense Service Medal * Bronze Star Medal with "V" Device * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 8. A review of the applicant's official military personnel file failed to reveal orders awarding him the Purple Heart. 9. Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, in effective at the time, provided for the preparation and submission of the DA Form 20. Paragraph 9-53 states that item 40 of the DA Form 20 shows the wounds and reflects a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization and the date wounded or injured. 10. Army Regulation 600-8-22 (Military Awards) states: a. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and served for less than six months of service but: * were wounded as a result of hostile action * were captured by hostile forces but later escaped or were rescued or released * were killed in action or otherwise in line of duty b. A bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. 11. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for the following awards: a. The Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970. b. The Presidential Unit Citation for the period 10 May to 21 May 1969 by DAGO Number 16, dated 1972. c. The Valorous Unit Award for the period 17 April to 7 May 1969 by DAGO Number 2, dated 1971. d. The Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation for the period 3 October 1968 to 2 May 1970 by DAGO Number 48, dated 1971. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. The evidence of record shows the applicant was awarded the Combat Infantryman Badge in Special Orders Number 225, dated 13 August 1969. His DD Form 214 should be amended to show this award. 2. Although his official record does not contain orders awarding him the Purple Heart, item 40 on his DA Form 20 shows he sustained a shrapnel wound to his left hand on 18 May 1969. According to the applicable regulation item 40 of the DA Form 20 shows the wounds and reflects a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization and the date wounded or injured. Based on for foregoing discussion, the applicant meets the criteria for award of the Purple Heart. 3. He is also authorized additional personal and unit awards that are not currently reflected on his DD Form 214. His DD Form 214 should be amended to reflect all of his authorized awards. BOARD VOTE: __X______ _X_______ __X__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 incurred on 18 May 1969 in the Republic of Vietnam * adding the following awards to his DD Form 214 – * Purple Heart * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Presidential Unit Citation * Valorous Unit Award * Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation * two bronze service stars to be affixed to his already-award Vietnam Service Medal _______ _ 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) AR20150004162 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004162 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1