IN THE CASE OF: BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160011495 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 April 2018 DOCKET NUMBER: AR20160011495 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal and Air Medal from his DD Form 214 and b. adding to his DD Form 214: * Bronze Star Medal * Air Medal with Numeral 2 * Vietnam Service Medal with two bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart. ___________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: 24 April 2018 DOCKET NUMBER: AR20160011495 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 and Bronze Star Medal. 2. The applicant states he received the Purple Heart and Bronze Star Medal in March 1971. He was wounded by shrapnel in March 1971 in Vietnam and awarded the Purple Heart. He was a squad leader assigned to Company C, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division. 3. The applicant provides a copy of his DD Form 214. 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 8 May 1969. 3. He departed the continental United States en route to Vietnam on 14 May 1970. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Company C, 2nd Battalion, 12th Infantry Regiment, 25th Infantry Division, from 29 May 1970 to 15 March 1971 * item 40 (Wounds) is blank * no Purple Heart in item 41 (Awards and Decorations) 5. Headquarters, 25th Infantry Division, General Orders Number 8557, dated 1 August 1970, awarded him the basic Air Medal for meritorious achievement while participating in aerial flight for the period 1 June 1970 to 6 July 1970. 6. Headquarters, 25th Infantry Division, General Orders Number 11232, dated 18 November 1970, awarded him the Air Medal (2nd Award) for meritorious achievement while participating in aerial flight for the period 9 July 1970 to 21 September 1970. 7. Headquarters, II Field Force Vietnam, General Orders Number 745, dated 17 March 1971, awarded him the Bronze Star Medal for meritorious service during the period May 1970 to March 1971. 8. He participated in two campaigns during his assignment in Vietnam. 9. His Standard Form 88 (Report of Medical Examination), dated 17 March 1971, shows he underwent a separation physical examination which makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. 10. He departed Vietnam en route to the United States on or about 18 March 1971. 11. On 18 March 1971, he was honorably released from active duty. 12. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Army Commendation Medal * Army Good Conduct Medal * Combat Infantryman Badge * Air Medal 13. There are no orders for the Purple Heart in the available records. 14. His name is not listed on the Vietnam casualty roster. 15. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the applicant. 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 a medical officer, 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 each credited campaign. c. Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal. The numeral 2 denotes the second award of the Air Medal. 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. The instructions further stated the date the wound or injury occurred would also be entered in item 40. 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 pamphlet shows the 2nd Battalion, 12th Infantry Regiment, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders Number 5, dated 1973. DISCUSSION: 1. Orders show the applicant was awarded the Bronze Star Medal. His DD Form 214 does not show this medal. 2. He contends he was awarded the Purple Heart for shrapnel wounds in March 1971 in Vietnam. 3. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence to verify the wound was the result of hostile action, treatment of the wound by a medical officer, and documentation of the wound in official records. 4. The evidence of record shows he underwent a separation physical examination on 17 March 1971 that makes no mention of any injuries or wounds sustained as a result of hostile action in Vietnam. 5. There are no orders for the Purple Heart in the available records. His name does not appear on the Vietnam casualty roster and item 40 of his DA Form 20 is blank. 6. There is no evidence of record showing he was wounded as a result of hostile action in Vietnam. 7. His DD Form 214 shows one award of the Air Medal, but orders show he was awarded two awards of the Air Medal. 8. He participated in two campaigns during his service in Vietnam and is authorized two bronze service stars for wear with his the Vietnam Service Medal. These service stars are not shown on his DD Form 214. 9. His Vietnam unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period during which he was assigned. His DD Form 214 does not show this unit award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011495 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011495 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2