IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016155 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 16 March 2017 DOCKET NUMBER: AR20150016155 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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 March 2017 DOCKET NUMBER: AR20150016155 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 (Report of Separation from Active Duty), ending on 30 September 1976, to show five instead of three awards of the Purple Heart. 2. The applicant states he earned a total of five Purple Hearts during his service in Vietnam. Two Purple Hearts are missing. He was a first lieutenant with the 3rd Platoon, C Company, 1st Battalion, 5th Infantry Regiment (Mechanized), 25th Infantry Division. He earned the awards in III Corps, Tay Ninh Area, South Vietnam. President Johnson pinned one of those awards on him at Cam Rahn Bay around October of 1966 or 1967. The incidents that earned him these additional awards were hits by land mines with the M113 Mechanized Troop Carrier. He was in a field hospital in Saigon after the injuries he incurred from the land mine explosions. 3. The applicant provides his DD Form 214 ending on 30 September 1976. 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 served as an enlisted Soldier as well as a commissioned officer from August 1956 to September 1976. He was issued multiple separation documents throughout his service. 3. He enlisted in the Regular Army on 31 August 1956. He served in France from August 1957 to January 1961. He was honorably discharged on 1 September 1958 for immediate reenlistment. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not list any awards. 4. He reenlisted on 2 September 1958. He was honorably discharged on 12 June 1961 for immediate reenlistment. His DD Form 214 for this period of service shows: * Good Conduct Medal (1st Award) * Expert Marksmanship Qualification Badge with Carbine Bar 5. He reenlisted on 13 June 1961. He was honorably discharged on 23 August 1965 to accept a commission. His DD Form 214 for this period of service shows: * Driver Badge 1 Year * Driver Badge 2 Years * Army Commendation Medal * Good Conduct Medal (2nd Award) 6. He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 24 August 1965 with concurrent call to active duty. He held an infantry specialty and he served in Vietnam from/to: * 10 August 1966 to 8 August 1967, he was assigned to Company C and Headquarters and Headquarters Company, 1st Battalion, 5th Infantry (Mechanized) * 23 July 1968 to 18 February 1970, he was assigned to the U.S. Military Assistance Command (SD 5891) 7. He was retired on 30 September 1976 and placed on the retired list in his retired grade of major on 1 October 1976. His retirement DD Form 214 shows among his awards the Purple Heart (2nd Oak Leaf Cluster) (i.e., Purple Heart (3rd Award)). 8. General Orders (GO) Number 958, issued by Headquarters, 25th Infantry Division, on 29 August 1966, awarded him the Purple Heart for wounds received in action on 28 August 1966. 9. GO Number 962, issued by Headquarters, 25th Infantry Division, on 31 August 1966, awarded him the Purple Heart for wounds received in action on 29 August 1966. 10. GO Number 1826, issued by Headquarters, 25th Infantry Division, on 20 May 1967, awarded him the Purple Heart for wounds received in action on 18 May 1967. 11. Memorandum issued by Headquarters, U.S. Army Vietnam, on 31 January 1968, authorized the applicant to accept and wear the Republic of Vietnam Gallantry Cross with Silver Star for heroic action on 2 February 1967. 12. GO Number 202, issued by Headquarters, 25th Infantry Division, on 13 April 1973, amended GO Number 1826, dated 20 May 1967, to show the applicant was awarded the Purple Heart (2nd Oak Leaf Cluster). 13. The applicant's name appears on the Vietnam casualty roster as having been wounded twice on 28 August 1966 and 18 May 1967, both coded to indicate "hostile, wounded in action." 14. The applicant's DA Form 66 (Officer Qualification Record) lists in item21 (Awards and Decorations) the Purple Heart as announced by GO Number 958 and the Purple Heart (1st Oak Leaf Cluster) as announced by GO Number 962. 15. The applicant's medical records are not available for review with this case. 16. His records do not contain a Western Union telegram or an Army message informing his next of kin of any combat injuries/wounds, except for his 29 August 1966 wound. 17. A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS) maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any other orders for the Purple Heart pertaining to him. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained while in action against and 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 15-185 (ABCMR) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The criteria for the Purple Heart require the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required medical treatment by medical personnel, and the medical treatment must have been made a matter of official record. 2. The applicant's service record contains evidence of three awards of the Purple Heart for wounds received in action on 28 August 1966, 29 August 1966, and on 18 May 1967, respectively. There is no evidence of a fourth or fifth award. 3. Award of the Purple Heart during the Vietnam conflict was announced in general orders. When the general orders are absent, there are other indicators to establish eligibility for this award. In the applicant's case, there is no evidence of a fourth or a fifth wound. * his record is void of orders showing he was awarded a fourth or fifth award of the Purple Heart * his name is not listed on the Vietnam casualty listing, except for two instances for which orders had already been published * his medical records are not available for review with this case * his record contains only one telegram or a Western Union notification showing he was injured by hostile forces in August 1966 //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016155 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016155 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2