IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150011589 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 IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150011589 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 the applicant the Purple Heart for wounds sustained in the Republic of Vietnam as a result of hostile action on 5 November 1971, and b. adding the Purple Heart to item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214. ____________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. IN THE CASE OF: BOARD DATE: 16 August 2016 DOCKET NUMBER: AR20150011589 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 correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 June 1975 to add this award. 2. The applicant also requests a personal appearance hearing before the Board. 3. The applicant states on or about 29 October 1971, while serving in the Republic of Vietnam, Cam Ranh Bay, with the 136th Light Maintenance Company, the billet he was sleeping in was hit by a device which exploded, gutting the billet and wounding him and another senior noncommissioned officer. He received wounds to his left side and left forearm, which resulted in his hospitalization for approximately 7 days. Metal fragments remain in his forearm to this day; however, his commanding officer failed to initiate the award. He feels he deserves the award based on the injuries he received. 4. The applicant provides: * SF 509 (Doctor’s Progress Notes), dated 5 November 1971 * Standard Form (SF) 519 (Radiographic Reports), dated 8 November 1971 * Standard Form (SF) 519 (Radiographic Reports), dated 8 November 1971 and 22 November 1971 * SF 513 (Consultation Sheet), dated 15 November 1971 * SF 88 (Report of Medical Examination), dated 27 March 1975 * DD Form 214 for the period ending on 30 June 1975 * SF 519-A (Radiological Consultation Request/Report), dated 28 June 1990 * 5-page Department of Veterans Affairs Rating Decision, dated 21 May 2015 * Medina County Veterans' Service Office - claim submittal form, dated 25 June 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. After having 13 years and 6 months of previous active service, the applicant reenlisted in the Regular Army on 18 November 1969. 3. His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the Republic of Vietnam from 16 June 1971 to 29 March 1972 and he served with the 136th Light Maintenance Company from 29 June 1971 to 29 March 1972. 4. Item 40 (Wounds) of his DA Form 20 states the applicant received shrapnel wounds to his left forearm and left side on 5 November 1972. 5. The applicant provides and his record contains several medical forms, which show he received fragmentation wounds to the left side of his chest and left forearm. He was admitted to the 483rd United States Air Force Hospital at Cam Ranh Bay, Republic of Vietnam on 15 November 1971. The hospital discharged him on 22 November 1971. 6. There are no orders in the applicant's records to show he was awarded the Purple Heart. 7. On 30 June 1975, he retired in the rank/grade of SFC/E-7. His DD Form 214 lists the following awards: * Parachutist Badge * Driver and Mechanic Badge * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * National Defense Service Medal with oak leaf cluster * Vietnam Service Medal with 3 bronze service stars * Army Good Conduct Medal, 4 loops * Expert Marksmanship Qualification Badge with Rifle Bar 8. During the processing of this case, a member of the Board's staff reviewed the Department of the Army Vietnam casualty roster. The applicant's name is not included on this roster. 9. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states 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. 2. Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 3. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR will decide cases on the evidence of record. It is not an investigative body. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. Additionally, applicants may be represented by counsel at their own expense. DISCUSSION: 1. By regulation, an applicant is not entitled to a hearing before the Board. Only a panel of the Board or the Director of the ABCMR may authorize a personal appearance hearing. In this case, the evidence of record and independent evidence provided by the applicant are sufficient to render a fair and equitable decision at this time. 2. The applicable regulation in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would be placed in item 40. 3. The date in item 40 of the applicant's DA Form 20 appears as "5 Nov 72"; however, the date surrounding the applicant's wounding and hospitalization clearly appears as "5 Nov 71" on his supporting medical documentation. It is logical to conclude an administrative error occurred during the preparation of his DA Form 20. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011589 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011589 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2