BOARD DATE: 7 September 2017 DOCKET NUMBER: AR20160000873 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: 7 September 2017 DOCKET NUMBER: AR20160000873 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 him the Purple Heart for wounds sustained in action on 3 July 1971; b. awarding him the Combat Infantryman Badge for his actions on 25 March 1971; and c. amending his DD Form 214 by adding the: * Purple Heart * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge ______________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: 7 September 2017 DOCKET NUMBER: AR20160000873 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) to show the Purple Heart. 2. The applicant states he is requesting the Purple Heart that he originally refused while in Vietnam. The culture was different in the 1970's which is part of the reason he refused it. The injury wasn't severe enough to warrant sending him home. 3. The applicant provides: * Western Union Telegram, dated 4 July 1971 * Department of Veterans Affairs (VA) rating decision letter, dated 5 May 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. Having had prior active service from 14 August 1970 to 17 July 1972, the applicant reenlisted in the Regular Army on 18 July 1972. The available records do not contain the DD Form 214 he would have been issued when he was discharged to reenlist. He held military occupational specialty (MOS) 11C (Indirect Fire Infantryman). 3. He served in the Republic of Vietnam from on or about 12 January to 15 December 1971, where he participated in three campaigns while assigned to 1st Squadron, 1st Cavalry. 4. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in item 4 (Assignment Considerations), he received a fragment wound to the right thigh on 3 July 1971. 5. General Orders Number 6327, issued by Headquarters, 23rd Infantry Division, on 5 June 1971, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam, on 25 March 1971. The awards shows: On that date, the squadron was involved in a combat rescue operation near Khe Sahn. As the squadron approached the position of the stranded men awaiting medical aid, it came under mortar and small arms fire by an enemy force of undetermined size. Acting unhesitatingly, [Applicant] placed a volume of suppressive fire on the insurgents while maneuvering back to his mortar track. 6. The applicant was honorably released from active duty on 16 July 1976. His DD Form 214 shows he completed 5 years, 11 months, and 3 days of total active service, including 2 years, 2 months, and 28 days of foreign service. He was awarded or authorized the: * Bronze Star Medal * Army Commendation Medal (2nd Award) with "V" Device * Good Conduct Medal * National Defense Service Medal * Vietnam Service Medal with 3 bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Hand Grenade 7. The applicant's available record does not contain orders for the Purple Heart. 8. The applicant provides: a. A VA rating decision, dated 5 May 2015, which shows he received a service-connected disability rating for shrapnel injury, right thigh. b. A Western Union telegram that confirms he was wounded in action in Vietnam on 3 July 1971. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states: a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. c. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer service members who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. DISCUSSION: 1. The applicable Army regulation states the Purple Heart is awarded for wound(s) sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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. The applicant provides and his record shows he was injured on 3 July 1971 as a result of hostile action; however, there is no evidence that indicates he was awarded the Purple Heart for this injury. Based on the evidence he has met the criteria for award of the Purple Heart. 3. His service in the Republic of Vietnam qualifies him for the Republic of Vietnam Campaign Medal with Device (1960); however, this foreign service award is not listed on his DD Form 214. 4. The evidence shows he held an infantry MOS and he was awarded the Army Commendation Medal with "V" Device for heroism while serving as a mortarman assigned 1st Squadron, 1st Cavalry. Although he was assigned to a cavalry unit, it appears he was assigned to an infantry squad within the cavalry troop. The evidence indicates he met the criteria for award of the Combat Infantryman Badge; however, this award is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000873 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000873 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2