BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160001494 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 BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160001494 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 (PH). 2. The applicant states, in effect, he was offered a day off or a PH and he took three hours off to sleep. After working 18 hour days for over 2 months, a day off sounded good. He served three tours in Vietnam and was wounded when shrapnel injured his right inguinal region, which resulted in his immediate removal. 3. The applicant does not provide any additional information. CONSIDERATION OF EVIDENCE: 1. Title 10, United States 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 14 August 1953. 3. He was discharged for immediate reenlistment on 16 February 1954; however, the DD Form 214 he received for that period of service is not available for review. 4. He reenlisted on 16 February 1954 and was discharged on 20 November 1959 for immediate reenlistment. The DD Form 214 issued to him at that time shows in item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal (AGCM). 5. He reenlisted on 21 November 1959 and was discharged on 20 November 1965 for immediate reenlistment. The DD Form 214 he received for that period of service shows in item 26 the AGCM (3rd Award) and the Expert Marksmanship Qualification Badge with Rifle Bar (M-1). 6. He reenlisted on 20 November 1965 and was discharged on 24 August 1971 for immediate reenlistment. The DD Form 214 he received for that period of service shows in item 26 – * National Defense Service Medal (NDSM) (2nd Award) * Vietnam Service Medal (VSM) * United Nations Service Medal (UNSM) * AGCM (4th Award) * Korean Service Medal (KSM) * Overseas Service Bar (4) * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Bronze Star Medal (BSM) * RVN Gallantry Cross with Palm Unit Citation 7. General Orders Number 9244, issued by Headquarters, 25th Infantry Division, dated 16 July 1969, show he was awarded the BSM for meritorious service in connection with military operations against a hostile force from July 1968 to July 1969. 8. He reenlisted on 25 August 1971 and was honorably retired from active duty on 31 August 1973. His DD Form 214 for this period of service shows the VSM with one bronze service star. 9. General Orders Number 10, issued by Headquarters, U.S. Army Support Element, Military Region II, dated 30 January 1973, show he was awarded the BSM for meritorious service in connection with military operations against a hostile force in RVN from 1 February 1972 to 29 January 1973. 10. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he served three tours of duty in the RVN – 28 May 1966 to 30 May 1967, 29 July 1968 to 8 July 1969, and 30 January 1972 to 28 March 1973 * item 38 (Record of Assignments), he was assigned to duty in the RVN as follows – * Company B, 96th Quartermaster Battalion, from 28 May 1966 to 23 July 1966 * 226th Service and Supply Company from 24 July 1966 to 30 September 1966 * 647th Quartermaster Company from 1 October 1966 to 16 July 1967 * Company A, 7th Engineer Battalion, from 31 July 1968 to 30 April 1969 * Headquarters and Company A, 25th Medical Battalion, 25th Infantry Division, from 13 May 1969 to 7 July 1969 * Headquarters and Headquarters Detachment, United States Army Support Command, Cam Ranh Bay, from 10 February 1972 to 30 May 1972 * Logistics Support Activity, from 31 May 1972 to 11 August 1972 * United States Army Installation Pleiku, from 12 August 1972 to 25 January 1973 * 527th Personnel Service Company from 26 January 1973 to 27 March 1973 * Item 40 (Wounds), he received a fragment wound to the inside of his right leg on 5 February 1969 * item 41 (Awards and Decorations) – * NDSM (2nd Award) * KSM * UNSM * AGCM (4th Award) * VSM * RVN Campaign Medal with Device (1960) * RVN Gallantry Cross with Palm Unit Citation * Overseas Service Bar (OSB) (6) * BSM * Service Stripes (6) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. The Vietnam campaigns are listed in appendix B. His service in Vietnam coincided with the following campaigns: * Vietnam Counteroffensive (25 December 1965 to 30 June 1966) * Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967) * Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 22 February 1969) * Tet 69 Counteroffensive (23 February 1969 to 8 June 1969) * Vietnam Summer-Fall 1969 (9 June1969 to 31 October1969) * Vietnam Counteroffensive, Phase VII (1 July 1970 – 30 June 1971) * Consolidation I (1 July 1971 – 30 November 1971) * Consolidation II (1 December 1971 – 29 March 1972) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. The applicant served in the following units during periods for which the units received awards. * Company A, 7th Engineer Battalion –RVN Gallantry Cross with Palm Unit Citation (26 August to 2 November 1968) * 25th Medical Battalion – RVN Gallantry Cross with Palm Unit Citation (1 September 1968 to 30 September 1970) * 527th Personnel Service Company – Meritorious Unit Commendation (MUC) (1 July 1971 to 31 January 1973) 3. Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained 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. 4. Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 of the version in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. DISCUSSION: 1. Orders show the applicant was awarded the BSM on two separate occasions. The BSM (2nd Award) is not listed on his final DD Form 214. 2. His DA Form 20 shows he received a fragment wound inside his right leg on 5 February 1969. His final DD Form 214 does not show award of the PH. 3. He served in units in Vietnam during periods for which the units were awarded the RVN Gallantry Cross with Palm Unit Citation (twice) and the MUC. These unit awards are not listed on his DD Form 214. 4. Records show he was awarded the VSM with one bronze service star; however, he participated in nine campaigns. The bronze service stars denoting his correct campaign participation are not shown on his final DD Form 214. 5. The evidence would also support a recommendation to list all awards he is authorized on his final DD Form 214. BOARD DATE: 17 May 2018 DOCKET NUMBER: AR20160001494 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 awarding him the Purple Heart for wounds received in action on 5 February 1969 and correcting his DD Form 214 for the period ending 31 August 1973 by deleting the Vietnam Service Medal with one bronze service star and adding – * National Defense Service Medal (2nd Award) * Korean Service Medal * United Nations Service Medal * Army Good Conduct Medal (4th Award) * Vietnam Service Medal with one silver service star and four bonze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Meritorious Unit Commendation * Bronze Star Medal (2nd Award) * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Rifle Bar (M-1) 8300 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. Enclosure 2 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160001494 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001494 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2