BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000777 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ _x_______ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20160000777 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 adding to his DD Form 214 for the period ending 19 December 1968 the Purple Heart, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. 2. The Board further determined 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 Silver 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: 1 June 2017 DOCKET NUMBER: AR20160000777 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 the Purple Heart and Silver Star be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 December 1968. 2. The applicant states he was wounded about January 1968 and received a Purple Heart while in the hospital. He received a Silver Star upon returning home from Valley Forge Hospital. However, his DD Form 214 does not show these medals. 3. The applicant provides two Standard Forms 502 (Narrative Summary), DA Form 8-275-2 (Clinical Record Cover Sheet), and his DD Form 214 for the period ending 19 December 1968. 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 was inducted into the Army of the United States in 19 April 1967. 3. His DA Form 20 (Enlisted Qualification Record) (reconstructed from temporary record) shows the following information: a. Item 38 (Record of Assignments) – he was assigned to the U.S. Army Vietnam Transportation Detachment on 28 October 1967 and reassigned to Headquarters and Headquarters Company, 5th Battalion, 60th Infantry in Vietnam. On 6 March 1968, he was reassigned to the 106th General Hospital until his evacuation to the United States a few days later. b. Item 40 (Wounds) – no entry indicating he was wounded in action. c. Item 41 (Awards and Decorations) – no entries for the Purple Heart or Silver Star. Entries for the Combat Infantryman Badge, First Class Gunner with Mortar Bar, Expert Marksmanship Qualification Badge with M-16 Rifle Bar, Expert Marksmanship Qualification Badge with .45 Caliber Pistol Bar, and Marksman Marksmanship Qualification Badge with M-14 Rifle Bar are listed. 4. General Orders Number 18, published on 9 February 1968 by Headquarters, 3rd Field Hospital, awarded him the Purple Heart for wounds received in action on 8 February 1968. 5. He provided a Standard Form 502 signed by a physician on 29 February 1968 that indicates he was admitted to the 3rd Field Hospital on 18 February 1968 and diagnosed as having multiple fragment wounds of right leg and bilateral ruptured tympanic membranes. This medical document states he was hit by rocket fragments on 8 February at 1030 hours in the Delta Region. 6. He provided a Standard Form 502 that indicates he was admitted to Valley Forge General Hospital on 13 March 1968 and diagnosed with blast injury to right hip and right foot and bilateral perforated tympanic membrane (healed). 7. His service record does not contain orders for the Silver Star. 8. The Army honorably discharged him from active duty on 19 December 1968. The DD Form 214 issued for this period shows he completed 5 months of foreign service in the Republic of Vietnam and was awarded the National Defense Service Medal, Vietnam Service Medal, and Combat Infantryman Badge. 9. He reenlisted in the Regular Army on 20 December 1968 and was discharged on 4 June 1971. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued for this period shows the entry "Unknown." 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 states the Silver Star is awarded for gallantry in action against the enemy. The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. 3. Army Regulation 600-8-22 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. This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. Appendix B shows that during his service in Vietnam, he participated in the following two campaigns: * Vietnam Counteroffensive Phase III (June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the unit to which the applicant was assigned was cited for the following awards: a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period December 1966 to June 1968 by Department of the Army General Order Number 43, dated 1970. b. Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by Department of the Army General Order Number 59, dated 1969. DISCUSSION: 1. The evidence of record shows that general orders issued on 9 February 1968 awarded the applicant the Purple Heart for wounds received in action on 8 February 1968. His DD Form 214 for the period ending 19 December 1968 does not reflect the Purple Heart. 2. There is no evidence in the available records showing he was awarded the Silver Star. 3. The applicant's DD Form 214 for the period ending 19 December 1968 currently reflects the Vietnam Service Medal; however, it does not reflect the authorized two bronze service stars to denote his participation in two campaigns. 4. The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 for the period ending 19 December 1968 does not reflect these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000777 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000777 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2