BOARD DATE: 4 April 2019 DOCKET NUMBER: AR20160012677 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 4 April 2019 DOCKET NUMBER: AR20160012677 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his pay grade as E-5, duty as a door gunner, and two awards of the Purple Heart. 2. The applicant states: * he was given the promotion to E-5 from General Westmoreland * his duty as a door gunner was not recorded in his personnel records or on his DD Form 214 * he was wounded in action and was awarded two Purple Hearts that are not reflected on his DD Form 214 * his personnel records show he was assigned to the 119th Transportation Company (Terminal Service) in Vietnam in 1967 and the 442d Transportation Company in Vietnam in 1968, but he was not assigned to these units * he suffered a collapsed lung when he arrived in Vietnam and was admitted to the hospital * when he was released from the hospital 3 weeks later, he was told his unit was gone so he was reassigned to the 101st Airborne Division during his tour in Vietnam THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) with supporting document(s): no additional evidence. 2. Evidence from the applicant's service record and Department of the Army and Department of Defense records and systems: * DD Form 47 (Record of Induction) * Special Order Number 110, Headquarters, U.S. Army Training Center, Fort Bragg, North Carolina, dated 11 October 1966 * Special Orders Number 103, Headquarters, U.S. Army Support Command Cam Ranh Bay, Vietnam, dated 12 April 1968 * DA Form 20 (Enlisted Qualification Record) * DD Form 214 REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. 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, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer provided a medical officer includes a statement in the service member's medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. 2. Army Regulation 600-200 (Enlisted Personnel Management System), 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. The instructions further stated the date the wound or injury occurred would also be entered in item 40. DISCUSSION: 1. While 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 24 August 1968. 3. His Enlisted Qualification Record shows in item 31 (Foreign Service) he served in Vietnam 23 August 1967 through 16 August 1968. 4. He was honorably released from active duty on 13 August 1968. His DD Form 214 shows he was awarded or authorized the following: * National Defense Service Medal * Good Conduct Medal * Vietnam Campaign Medal * Vietnam Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * Overseas Bar 5. The applicant states he was promoted to E-5 by General Westmoreland; however, his records are void of and he failed to provide evidence showing he received a promotion to E-5. 6. The applicant states he was assigned to the 101st Airborne and performed duties as a door gunner; however, his records are void of and he failed to provide evidence showing he was assigned to the 101st Airborne or performed duties as a door gunner. 7. The applicant states he was wounded in action and was award two Purple Heart awards. His available records are void of any medical evidence showing he was injured as a result of hostile action or showing he was hospitalized for treatment of his injury. His enlisted qualification record item 40 (Wounds) does not list any wounds. 8. His name is not shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam. 9. 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 Awards and Decorations Branch, failed to reveal any orders awarding the applicant the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012677 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2