IN THE CASE OF BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004246 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 military records to show he was awarded the Purple Heart (PH). 2. The applicant states he was wounded in his left shoulder by sniper fire while on patrol in the Republic of Vietnam (RVN). He cannot recall the exact date. He was medically evacuated out of the jungle. He never saw or heard from his unit again. He contends that he was awarded the Army Commendation Medal (ARCOM) and the Bronze Star Medal (BSM) for his service in the RVN, but never received the PH for being wounded. His wounds eventually made him medically unfit for duty and he was retired due to physical disability. 3. The applicant provides no additional documentation. 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. On 25 May 1961, the applicant enlisted in the Regular Army (RA). He was trained as a heavy weapons infantryman. 3. On 29 May 1963, the applicant was discharged for the purpose of immediate reenlistment. His DD Form 214 for his first period of active service shows he was awarded the Parachutist Badge and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1). 4. On 30 May 1963, the applicant reenlisted in the RA. He was subsequently assigned to Company D, 2nd Battalion (Airborne), 506th Infantry Regiment, Fort Campbell, Kentucky. 5. On or about 29 September 1967, the applicant departed the United States with his unit for duty in the RVN. His DA Form 20 (Enlisted Qualification Record) shows: a. In Item 38 (Record of Assignments) that he was hospitalized in Okinawa, Japan on 20 April 1968; and b. In Item 40 (wounds) no entry. 6. A DA Form 1361 (Recommended findings of Physical Evaluation Board) dated in April 1970, reports that the applicant was found unfit for duty due to a physical disability incurred as a direct result of armed conflict. 7. On 6 July 1970, the applicant was retired due to physical disability. He had attained the rank of corporal/pay grade E-4 and had completed a total of 7 years and 1 day of creditable active duty service. 8. The applicant’s DD Form 214 effective 6 July 1970, shows his awards as: * National Defense Service Medal * RVN Campaign Medal with 1960 Device * Vietnam Service Medal * Combat Infantryman Badge 9. The RVN Casualty Roster shows the applicant was wounded in action and hospitalized. The date of his wounding and date of reporting such is shown as 21 July 1968. 10. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the PH, ARCOM, or BSM. ADCARS is an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Awards and Decorations Branch of the United States Army Human Resources Command. 11. Army Regulation 600-8-22 (Military Awards): a. Provides that 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. b. Appendix B, based on the applicant's dates of service in the RVN, he participated in the following three campaigns: the Vietnam Counteroffensive, Phase III, Tet Counteroffensive, and Vietnam Counteroffensive Phase IV. This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the RVN. This pamphlet shows that Company D, 2nd Battalion, 506th Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 24, dated in 1972, for award of the RVN Gallantry Cross with Palm Unit Citation. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his records should be corrected to show he was awarded the PH for wounds received in action in the RVN. 2. The available evidence shows the applicant served in the RVN from or about 5 December 1967 until he was medically evacuated to Okinawa. However, the exact date of his wounding and evacuation is unavailable. His DA Form 20 indicates he became a patient on 20 April 1968. The RVN Casualty Roster reports 21 July 1968 as the date of his wounding and reporting. Of these two dates, the more believable evidence is the date shown on his DA Form 20. Therefore, it would be appropriate to award the applicant the PH for wounds sustained on or about 20 April 1968. 3. The applicant’s contention that he was also awarded the ARCOM and BSM cannot be corroborated by any documentary evidence of record. He has not made any specific request concerning these two medals that would require Board action. However, should he desire to have these two medals shown on his DD Form 214 he must provide copies of the general orders as documentary proof. 4. The evidence shows the applicant participated in three campaign periods during his service in the RVN. Therefore, he is authorized to wear three bronze service stars on his already-awarded Vietnam Service Medal. 5. Records show the applicant's unit was cited in general orders for award of the RVN Gallantry Cross with Palm Unit Citation. Therefore, his records should be corrected to show this foreign unit award. 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: a. awarding him the Purple Heart for wounds received in action on or about 20 April 1968; b. deleting from his DD Form 214 the Vietnam Service Medal; and c. adding to his DD Form 214: * Purple Heart * Vietnam Service Medal with three 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. ABCMR Record of Proceedings (cont) AR20140000079 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004246 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1