BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150017362 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 BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150017362 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. deleting the Vietnam Service Medal from his DD Form 214; and b. adding to his DD Form 214: * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Purple Heart * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Vietnam Service Medal with one bronze service star __________ 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. BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20150017362 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 he was medically discharged from the Army due to wounds sustained in a land mine explosion in Vietnam. He was medically evacuated and never awarded the Purple Heart. 3. The applicant provides no additional evidence. 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 entered active service in the rank of second lieutenant on 5 September 1969. 3. His DA Form 66 (Officer Qualification Record) contains the following information: * item 17 (Foreign Service) shows he served in the Republic of Vietnam from 30 September 1970 through 13 March 1971 * item 18 (Record of Assignments) shows he was assigned to 1st Battalion, 20th Infantry Regiment, from 17 October 1970 to 24 February 1971 and he was in a patient status from 25 February to 3 November 1971 * item 23 (Qualification in Arms) shows he qualified as an expert with the M-16 rifle. 4. The applicant's record contains DA Form 3647-1 (Clinical Record Coversheet). Item 35 (Cause of Injury) states the applicant was injured on or about 1730 hours on 15 February 1971 in the Republic of Vietnam by an explosion of a hostile booby trap. 5. On 3 November 1971, he was retired due to physical disability. His DD Form 214 lists the following awards: * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal 6. There are no orders in the applicant's records to show he was awarded the Purple Heart. 7. 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 included on this roster. 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 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 600-8-22 contains the regulatory guidance for award of the Vietnam Service Medal. A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during his service in the Republic of Vietnam, his unit was awarded campaign participation for the Vietnam Counteroffensive, Phase VII campaign. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), paragraph 6d, states that Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units for the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. Item 23 of his DA Form 66 shows he qualified as an expert with the M-16 rifle; his DD Form 214 does not reflect this qualification badge. 2. With regard to the applicant's claim of entitlement to the Purple Heart, evidence clearly shows the applicant was wounded as the result of hostile action in the Republic of Vietnam. His record contains a Clinical Record Coversheet, which states he was injured on 15 February 1971 by an explosion of a hostile booby trap and his name is on the Department of the Army's Vietnam casualty roster. 3. Department of the Army Pamphlet 672-3 shows his unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment; this unit award is not reflected on his DD Form 214. 4. The record shows the applicant participated in one campaign during his service in the Republic of Vietnam. However, the Vietnam Service Medal listed on his DD Form 214 does not reflect a bronze service star to indicate his campaign participation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017362 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017362 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2