IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012811 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: 30 August 2016 DOCKET NUMBER: AR20150012811 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 received in action in Vietnam on 27 September 1968 * deleting from his DD Form 214 the Vietnam Service Medal * adding to this form the: * Purple Heart * Vietnam Service Medal with one bronze service star * Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) and Machine Gun (M-60) Bars * 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. IN THE CASE OF: BOARD DATE: 30 August 2016 DOCKET NUMBER: AR20150012811 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. 2. The applicant states his DD Form 214 does not show this award. 3. The applicant provides his DD Form 214 and a Purple Heart Certificate. 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 the cases 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. 2. The applicant was inducted into the Army of the United States on 14 February 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). 3. His records contain: * Special Orders (SO) Number 95, dated 12 April 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) * SO Number 137, dated 28 May 1968, awarding him the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar (M-60) * Western Union Telegram, dated 28 September 1968, which advised the applicant's parents that he was slightly wounded in Vietnam on 27 September 1968, as a result of hostile action; the telegram shows he was assigned to Company C, 1st Battalion, 20th Infantry, Americal Division 4. He was released from active duty on 31 January 1969 and was transferred to the U.S. Army Reserve. He completed 11 months and 17 days of total active service, of which 6 months and 6 days was foreign service. His DD Form 214 lists the National Defense Service Medal, Vietnam Service Medal, and Vietnam Campaign Medal. 5. His record is void of his DA Form 20 (Enlisted Qualification Record) and any orders authorizing or awarding the Purple Heart during his period of service in Vietnam. 6. His name is listed on the Vietnam casualty roster showing he was wounded in action. 7. On 23 October 1987, the Army Reserve Personnel Center issued him a Purple Heart Certificate for wounds received in action on 27 September 1968. 8. 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: a. The Purple Heart is awarded for a wound sustained while in action against the 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, and the medical treatment must have been made a matter of official record. b. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. 2. Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation Palm for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 through 28 March 1973. DISCUSSION: 1. Notwithstanding the absence of orders authorizing or awarding the applicant the Purple Heart, the available evidence confirms he was wounded by hostile action in Vietnam on 27 September 1968. The Purple Heart is not listed on his DD Form 214. 2. His exact dates of service in Vietnam are unknown; however, the available evidence shows he served in Vietnam, was credited with 6 months and 6 days of foreign service, and awarded the Vietnam Service Medal. Based on this service, he met the criteria for award of at least one bronze service star to be affixed to his already-awarded Vietnam Service Medal. 3. Orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012811 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012811 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2