IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003802 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 IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003802 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: * awarding him the Purple Heart for wounds sustained as a result of hostile action on 14 March 1970 * awarding him the Army Good Conduct Medal (1st Award) for the period 5 March 1969 through 7 October 1970 * deleting award of the Vietnam Service Medal from his DD Form 214 * adding the following awards to his DD Form 214 – * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) ___________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. IN THE CASE OF: BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003802 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 award of the Purple Heart. 2. The applicant states the Purple Heart is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and this affects his veteran status. 3. The applicant provides: * DD Form 214 * Office of the Adjutant General memorandum, dated 22 June 1971 * Department of Veterans Affairs (VA) Form 21-6782 (Original Disability Compensation) 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 5 March 1969. 3. His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 1 October 1969 through 4 October 1970. He was assigned to the 23d Adjutant General Administration Company (Replacement Detachment) from 1 October 1969 through 10 October 1969. He served as a rifleman and an ammunition bearer assigned to Company C, 1st Battalion, 6th Infantry Regiment, 198th Infantry Brigade, from 11 October 1969 through 4 October 1970. He participated in four campaigns during this period. 4. Item 38 (Record of Assignments) of his DA Form 20 shows his conduct and efficiency ratings as "excellent" where rated. 5. Item 40 (Wounds) of his DA Form 20 shows he received a flesh wound to his right flank and right arm on 14 March 1970. 6. He was honorably released from active duty on 7 October 1970. He completed 1 year, 7 months, and 3 days of total active service. His DD Form 214 does not show award of the Purple Heart. It shows he was awarded or authorized the: * National Defense Service Medal * Combat Infantryman Badge * two overseas service bars * Bronze Star Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 7. There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. 8. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command Military Awards Branch, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal orders for the Purple Heart pertaining to the applicant. 9. The applicant provided an Office of the Adjutant General memorandum, dated 22 June 1971, subject: Physical Condition. It states his claim to a medical condition which may limit his ability to serve on active duty had been received. A claim of this nature must be supported by a written evaluation prepared by a health care specialist. He was advised to attach the statement from his health care specialist to this memorandum and return it to the U.S. Army Administration Center for determination of his medical fitness status. 10. He also provided an undated VA Form 21-6782, which does not bear his name. The form shows a disability compensation check would be mailed to him for the following service-connected condition: * shrapnel wound right arm – 10 percent, effective 8 October 1970 * shrapnel wound right side – 0 percent 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 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. A bronze service star is authorized with the Vietnam Service Medal for participation in each credited campaign. 2. Army Regulation 600-200 (Enlisted Personnel Management System), 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 the date the wound or injury occurred would also be entered in item 40. 3. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. There must have been no convictions by a court-martial. 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 1st Battalion, 6th Infantry Regiment, was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 24 August 1969 through 31 December 1969 in Department of Army General Orders Number 42, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 31 March 1970 through 30 June 1970 in Department of Army General Orders Number 42, dated 1972 DISCUSSION: 1. The applicant’s DA Form 20 shows he received a flesh wound to the right flank and right arm on 14 March 1970 while serving in Vietnam. 2. Regulatory guidance in effect at the time stated a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20, along with the date the wound or injury occurred. 3. The annotation in item 40 of his DA Form 20 appears to suffice as evidence of record showing he sustained these wounds as a result of hostile action which required treatment by medical personnel and that the treatment was made a matter of official record, which would render him eligible for award of the Purple Heart. His DD Form 214 does not reflect award of the Purple Heart. 4. General orders announced award of two Republic of Vietnam Gallantry Cross with Palm Unit Citations to the unit to which the applicant was assigned in Vietnam. His DD Form 214 does not show these unit awards. 5. By virtue of his participation in four campaigns, he was authorized award of the Vietnam Service Medal with four bronze service stars. His DD Form 214 shows does not show any bronze service stars with the Vietnam Service Medal. 6. He served honorably during the period 5 March 1969 through 7 October 1970, completing 1 year, 7 months, and 3 days of net active service ending with his release from active duty. His conduct and efficiency ratings were "excellent" where rated. There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal. It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal. His DD Form 214 does not show award of the Army Good Conduct Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003802 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003802 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2