IN THE CASE OF: BOARD DATE: 9 DECEMBER 2016 DOCKET NUMBER: AR20160000977 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :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: DOCKET NUMBER: AR20160000977 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 he was awarded the Purple Heart. 2. The applicant states he was seriously wounded in North Vietnam by a rocket propelled grenade. He was to be awarded the Purple Heart but he was separated before he received it. 3. The applicant provides a copy of his DD Form 214; a letter dated 29 September 2015 from the National Personnel Records Center (NPRC), St. Louis, MO; and a DA Form 3647-1 (Clinical Record Cover Sheet). 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 enlisted in the Regular Army on 24 February 1970. Upon the completion of his initial entry training, he was awarded military occupational specialty (MOS) 11F (Infantry Operations and Intelligence Specialist). Additionally, he completed the Noncommissioned Officer Candidate Course and the Ranger Course. The highest rank/grade he attained during his period of active military service was sergeant/E-5. 3. The applicant served in the Republic of Vietnam from 7 March 1971 through 28 March 1971, where he was assigned to Company P, 75th Infantry Regiment (Ranger). 4. The applicant was medically evacuated to the hospital ship U.S.S. Sanctuary on 28 March 1971, after being wounded by a grenade explosion during an ambush. a. A DA Form 3647-1 shows he was admitted to the U.S.S. Sanctuary after he was wounded by a grenade explosion during an ambush at approximately 1100 hours on 28 March 1971. He received fragment wounds to his chest, with no artery or nerve involvement; his treatment included the insertion of a chest tube. This form contains the entry "Purple Heart not awarded this facility." b. A Standard Form 600 (Health Record - Chronological Record of Medical Care) shows he was treated by medical personnel at the U.S. Naval Hospital, Chelsea, MA. This form confirms the applicant was treated from his date of admission on 21 April 1971 through his date of discharge on 4 June 1971 for fragment wounds to his right chest he suffered on 28 March 1971,. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan, in a patient status, effective 8 April 1971. 6. The Vietnam casualty roster indicates the applicant sustained wounds resulting from hostile fire on 28 March 1971. His casualty status code was "26," which refers to "hostile wounded in action, not serious, hospitalized (non- notified)." 7. The applicant was honorably released from active duty on 13 December 1971. His DD Form 214 shows he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal with 1 bronze service star, the Army Good Conduct Medal, and the Ranger Tab. 8. The applicant's record is void of orders that awarded him either the Purple Heart or the Combat Infantryman Badge (CIB). REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to a member of the Armed Forces of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the United States. Substantiating evidence must be provided to verify 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. The CIB is awarded to infantry officers, warrant officers, and enlisted Soldiers possessing an infantry MOS. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. Combat service or campaign credit alone is not sufficient to award the CIB. c. 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. Also eligible for this award are individuals who qualified for award of the Vietnam Service Medal and served for less than six months of service, but were wounded as a result of hostile action, were captured by hostile forces but later escaped or were rescued or released, or were killed in action or otherwise in line of duty. 2. U.S. Army Vietnam Regulation 672-1 (Awards and Decorations), in effect at the time, provided that during the Vietnam era, the CIB was awarded only to enlisted Soldiers who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This document shows Company P, 75th Infantry Regiment (Ranger), the unit to which the applicant was assigned during his service in the Republic of Vietnam, was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 8 February through 30 April 1971, by Department of the Army General Orders Number 42, dated 1972. DISCUSSION: 1. The evidence of record shows the applicant was wounded by hostile fire on 28 March 1971, received medical treatment for his wounds, and the treatment was made part of his official record. The evidence shows he met the criteria for award of the Purple Heart. 3. The applicant was assigned to an infantry unit in an infantry MOS during his service in the Republic of Vietnam. He was wounded in action on 28 March 1971, as evidenced by the documentation discussed in this case. The evidence indicates he met the criteria for award of the CIB. 4. The applicant served a qualifying period of service in Vietnam to be eligible for the Republic of Vietnam Campaign Medal with Device (1960); however, this foreign service medal is not shown on his DD Form 214. 5. General orders awarded his unit of assignment in the Republic of Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; however, this unit award is not shown on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160000977 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000977 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2