IN THE CASE OF: BOARD DATE: 16 DECEMBER 2016 DOCKET NUMBER: AR20160001036 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: 16 DECEMBER 2016 DOCKET NUMBER: AR20160001036 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 award of the Purple Heart. 2. The applicant states: * he received the Purple Heart for injuries received in Vietnam and the medal was never added to his DD Form 214 * evidence of his injuries can be found in the reason he was awarded the Bronze Star Medal with "V" Device for heroism for action on 3 June 1969 * he did not receive the Purple Heart until after he was separated and he believes that is why it was never added to his DD Form 214 3. The applicant provides Headquarters, 18th Engineer Brigade, General Orders 106, dated 26 January 1970. 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 on 27 March 1968. 3. He served in Vietnam during the period 9 December 1968 through 8 December 1969 and he participated in four campaigns. While in Vietnam, he was assigned to Headquarters and Headquarters Company, 299th Engineer Battalion (Combat). 4. Item 15 (Previous Awards - Purple Heart and Higher) of his U.S. Army Vietnam Form 157-R (Recommendation for Decoration for Valor or Merit), dated 5 July 1969, shows award of the Purple Heart for action on 3 June 1969. 5. On 8 December 1969, he was honorably released from active duty. His DD Form 214 does not show award of the Purple Heart. 6. Headquarters, 18th Engineer Brigade, General Orders Number 106, dated 26 January 1970, awarded him the Bronze Star Medal with "V" Device. The reason listed shows, in part, he was awarded the medal for his heroism in connection with military ground operations against a hostile force while in Vietnam on 3 June 1969 and that he was wounded twice by shrapnel. 7. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he incurred a superficial wound of his left arm and knee from shrapnel. 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 Awards and Decorations Branch of the U.S. Army Human Resources Command, failed to reveal any orders for award of the Purple Heart pertaining to the applicant. 9. His records are void of any orders awarding him the Purple Heart. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. In part, 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. b. It states a bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in. 2. 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. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The instructions stated to enter the total period of active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214. Later versions of this regulation required listing the inclusive dates of service in Vietnam performed on or after 5 August 1964 in item 30 (Remarks) as follows: "VIETNAM SERVICE: FROM (date) TO (date)." DISCUSSION: 1. Although his records are void of orders awarding him the Purple Heart, his citation for award of the Bronze Star Medal with "V" Device shows he was wounded twice by shrapnel in connection with military ground operations against a hostile force in the Republic of Vietnam. Further, item 40 of his DA Form 20 also shows he was wounded by shrapnel in his left arm and knee. He met the criteria for award of the Purple Heart. 2. He was awarded the Vietnam Service Medal and he participated in four campaigns. His DD Form 214 does not show his campaign participation. 3. General orders awarded the unit to which he was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation. This unit award is not listed on his DD Form 214. 4. His length of foreign service is shown on his DD Form 214; however, later regulatory guidance required entering the inclusive dates of service in Vietnam in the Remarks block. His dates of service in Vietnam are not listed in item 30 of his DD Form 214 in the prescribed format. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160001036 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001036 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2