IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160013209 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: 15 August 2018 DOCKET NUMBER: AR20160013209 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: a. awarding him the Purple Heart for wounds received in action on 5 May 1969 in Vietnam, b. awarding him the Army Good Conduct Medal (1st Award) for the period 24 September 1968 through 15 September 1970, and c. deleting the Vietnam Service Medal from his DD Form 214 and adding the: * Purple Heart * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one bronze service star * Presidential Unit Citation * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation _________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: 15 August 2018 DOCKET NUMBER: AR20160013209 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 he served in South Vietnam assigned to the 506th Infantry of the 101st Airborne. On 2 May 1969, his battalion was engaged in combat and he was seriously wounded in his right hand by fire and/or shrapnel and he sustained a concussion. He lost consciousness and was evacuated to an area hospital for immediate care and then on to Japan for long term recovery. He was subsequently sent to Great Lakes Naval Base in November 1969. 3. The applicant provides: * service personnel records * DA Form 1811 (Physical and Mental Status on Release from Active Service) * illegible document with the entries "Shrapnel" and "BEST COPY" * DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 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 24 September 1968. 3. He departed the continental United States en route to Vietnam on 5 March 1969. 4. His DA Form 20 (Enlisted Qualification Record) shows: * he was assigned to Headquarters and Headquarters Company, 1st Battalion, 506th Infantry Regiment, from 20 March 1969 until he was hospitalized in Great Lakes on 25 May 1969 * the entry "Frag [fragment] Wound Right Hand" on 5 May 1969 in item 40 (Wounds) * he received excellent conduct and efficiency ratings throughout his service 5. He participated in one campaign during his assignment in Vietnam. 6. He departed Vietnam en route to the United States on or about 24 May 1969. 7. On 15 September 1970, he was honorably released from active duty. 8. 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) 9. There are no orders for the Purple Heart in the available records. 10. His name is not listed on the Vietnam casualty roster. 11. 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. 12. He provided an illegible document with the entry "Shrapnel" on it. 13. There is no evidence indicating he was awarded the first award of the Army Good Conduct Medal. There also is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal. 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, 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. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. b. A bronze service star is authorized with the Vietnam Service Medal for each credited campaign. A silver service star is authorized in lieu of five bronze service stars. 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. Army Regulation 672-5-1 (Awards), in effect at the time, stated 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; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. 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 the 1st Battalion, 506th Infantry Regiment, was awarded the: * Presidential Unit Citation for actions during the period 10-21 May 1969 in Department of the Army General Orders (DAGO) Number 16, dated 1972 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 to 14 May 1969 in DAGO Number 48, dated 1971 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970 in DAGO 48, dated 1971 DISCUSSION: 1. The entry on the applicant's DA Form 20 showing he was wounded as a result of hostile action in Vietnam on 5 May 1969 confirms his eligibility for the Purple Heart. His DD Form 214 does not show this medal. 2. He participated in one campaign during his service in Vietnam and is authorized one bronze service star for wear with his the Vietnam Service Medal. This bronze service star is not shown on his DD Form 214. 3. He completed almost 2 years of active service ending with his release from active duty on 15 September 1970. He received all "excellent" conduct and efficiency ratings and his records contain no adverse information or a commander's disqualification statement for the first award of the Army Good Conduct Medal. He appears to have met the eligibility criteria for the first award of the Army Good Conduct Medal. This award is not shown on his DD Form 214. 4. His Vietnam unit (1st Battalion, 506th Infantry Regiment) was awarded the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period for which he was assigned. His DD Form 214 does not show these unit awards. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013209 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013209 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2