IN THE CASE OF: BOARD DATE: 23 February 2016 DOCKET NUMBER: AR20150007528 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 the Purple Heart (2nd Award). 2. The applicant states he received two awards of the Purple Heart while in Vietnam but neither is shown on his DD Form 214. 3. The applicant provides his DD Form 214, two orders, and two certificates. 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 26 September 1968. He served in Vietnam while assigned as follows from: * 3 - 18 March 1969, 23 Replacement Detachment in a student status * 19 - 23 March 1969, Company C, 1st Battalion, 20th Infantry Regiment * 24 March - 14 April 1969, Company G, 75th Infantry Regiment * 15 April - 17 May 1969, Company A, 3rd Battalion, 21st Infantry Regiment 3. On 18 May 1969, he was medically evacuated from Vietnam and assigned to Tripler Army Hospital, HI, in a patient status. 4. The applicant provides and his record contains: * General Orders (GO) Number 104, dated 14 May 1969, issued by Headquarters (HQ), 95th Evacuation Hospital, awarded him the Purple Heart for wounds received in action on or about 13 May 1969 * GO Number 3896, dated 22 May 1969, issued by HQ, Americal Division, awarded him the Purple Heart for wounds received in action on 12 May 1969 5. The applicant provides a: * Purple Heart Certificate, dated 16 May 1969, for wounds received in action [no date listed] * Purple Heart Certificate, dated 17 June 1969, for wounds received in action on 12 May 1969 6. On 10 July 1970, he underwent a separation physical. Item 37 (Lower Extremities) of his Standard Form (SF) 88 (Report of Medical Examination) contains the entry fragment wounds (FW) left (L) knee. Item 74 (Summary of Defects and Diagnoses) of this form contains an entry FW L knee - Republic of Vietnam (RVN). 7. He was honorably released from active duty on 25 September 1970 and he was transferred to the U.S. Army Reserve. 8. The DD Form 214 he was issued shows he was awarded/authorized the: * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal * Combat Infantryman Badge * Army Good Conduct Medal * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) 9. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not contain an entry and item 41 (Awards and Decorations) does not show the Purple Heart or Purple Heart (2nd Award). 10. A review of the Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant was wounded in action on 13 May 1969. 11. Review of the Awards and Decorations Computer Assisted Retrieval System maintained by the Awards and Decorations Branch of the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, contained only GO Number 3896, dated 22 May 1969, issued by HQ, Americal Division, awarding him the Purple Heart for wounds received in action on 12 May 1969. 12. Item 29 (Qualification in Arms) of his DA Form 20 shows he qualified as sharpshooter with the M-16 rifle and as marksman with the M-60 machine gun. 13. Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. A review of the applicant’s record shows he participated in one campaign during his service in Vietnam. 14. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. It shows: a. Company G, 75th Infantry was cited for award of the Meritorious Unit Commendation for the period 1 February through 31 August 1969, by DAGO Number 53, dated 1970. b. The 3rd Battalion, 21st Infantry was cited for award of the Valorous Unit Award for the period 13 May 1969 through 17 June 1969, by DAGO Number 42, dated 1972; and the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 16 April through 28 August 1969, by DAGO Number 6, dated 1974. DISCUSSION AND CONCLUSIONS: 1. Although the applicant provided GO that show he was awarded the Purple Heart for wounds received in action on 12 May and on or about 13 May 1969, the Vietnam casualty listing only confirms he was wounded in action on 13 May 1969. In addition, his SF 88, dated 10 July 1970, contains an entry that only shows he incurred fragment wounds to his left knee while in Vietnam. It is unclear if after the 95th Evacuation Hospital issued orders for the Purple Heart and the applicant was medically evacuated from Vietnam, the Americal Division issued orders for the Purple Heart for the same wounds and incorrectly listed the date as 12 vice 13 May 1969 or if the orders were issued to correct the date he was wounded to 12 vice 13 May 1969. There is insufficient evidence to correct his DD Form 214 to show more than one award of the Purple Heart. 2. He participated in one campaign during his service in Vietnam and is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal. During the period he was assigned to the unit, his units in Vietnam were cited for award of the Meritorious Unit Commendation, Valorous Unit Award, and Republic of Vietnam Gallantry Cross with Palm Unit Citation. None of these awards are shown on his DD Form 214. 3. The evidence of record confirms he qualified as sharpshooter with the M-16 rifle and marksman with the M-60 machine gun; however, the corresponding marksmanship badges are not listed on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___x____ ___x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 by: * deleting the Vietnam Service Medal * adding the: * Purple Heart * Vietnam Service Medal with 1 bronze service star * Meritorious Unit Commendation * Valorous Unit Award * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Machine Gun Bar (M-60) 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the second award of the Purple Heart. __________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) AR20150007528 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007528 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1