ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 March 2019 DOCKET NUMBER: AR20170012013 APPLICANT REQUESTS: * award of the Purple Heart * correction of his military service number (MSN) on his orders for the Combat Infantryman Badge APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), 22 May 2017 * Headquarters (HQ), 9th Infantry Division Special Orders Number 113, 28 April 1968 * DA Form 2658 (Health Record - Abstract of Service) * Standard Form (SF) 509 (Doctor's Progress Notes), 28 March (no year indicated) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 16 September 1969 * An email, 4 May 2017, from Sergeant (SGT) A * a letter, 2 June 2015, from his Congressional representative to the applicant FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he was wounded by shrapnel in his neck on 28 March 1968 during an enemy engagement in Dinh Tuong Province. He was medically evacuated to the USS Benewah, their barracks ship, where the shrapnel was removed and he recuperated. 3. The applicant states his correct MSN is US XX XXX XXX. 4. On 21 September 1967, the applicant was inducted into the Army of the United States. His DD Form 47 (Record of Induction) shows the MSN he was assigned as US XX XXX XXX. 5. The applicant served in the Republic of Vietnam from 5 March 1968 - 1 March 1969. He participated in five campaigns. He was assigned to: * 3rd Battalion, 60th Infantry from 15 March 1968 - 27 August 1968 * Company C, 716th Military Police Battalion from 27 August 1968 - 9 November 1968 * U.S. Army Depot, Cam Ranh Bay from 10 November 1968 - 1 March 1969 6. An SF 509, 28 March (no year indicated), shows the applicant was treated for a superficial shrapnel wound to the left side of his neck. 7. HQ, 9th Infantry Division Special Order Number 113, 28 April 1968, listed the applicant as being awarded the Combat Infantryman Badge. He is identified with the MSN of US XX XXX XXX. 8. Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does not show any entries for wounds or injuries received as a result of hostile or enemy action. Item 41 (Awards and Decorations) does not show the award of the Purple Heart. 9. On 16 September 1969, the applicant was released from active duty. He completed 1 year, 11 months and 26 days of active service that was characterized as honorable. His DD Form 214 does not show he was awarded the Purple Heart. 10. There are no Purple Heart orders in the applicant's Military Personnel Records Jacket (MPRJ). 11. The applicant's service medical records were not available for review. 12. The applicant's name is listed on the Vietnam casualty list. The casualty status is shown as hostile, wounded in action: not serious, hospitalized. The date of casualty is shown as 28 March 1968. 13. In an email, 4 May 2017, SGT A stated in late March 1968 their unit was on a search and destroy mission in the Delta region of Vietnam during which the applicant was hit by shrapnel from a grenade and medically evacuated from the scene. SGT A is also listed on HQ, 9th Infantry Division Special Order Number 113, 28 April 1968 for the award of the Combat Infantryman Badge. 14. A review by U.S. Army Human Resources Command (HRC) of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of HRC, failed to reveal any orders awarding the applicant the Purple Heart. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. The documentation presented with the application and found within the military service record warranted full relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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. amending HQ, 9th Infantry Division Special Order Number 113, 28 April 1968 to show the applicant's MSN as shown on his DD Form 47. b. awarding the applicant the Purple Heart for wounds received on 28 March 1968 in the Republic of Vietnam. c. adding the Purple Heart to his DD Form 214. Additionally, prior to closing the case, the Board noted the administrative notes reflected below by the analyst of record. The Board recommends making those changes to more accurately depict the military service of the applicant. 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. ADMINISTRATIVE NOTE(S): A review of the applicant's records show he is authorized the following awards and they should be added to his DD Form 214: * Meritorious Unit Commendation (2 Awards) - Department of the Army General Order (DAGO) 51, 1971 * Vietnam Service Medal with 1 silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation - DAGO, 31, 1969 * Republic of Vietnam Civil Actions Honor Medal, First Class (2 Awards) - DAGO 59, 1969 and DAGO 6, 1973 REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the DA Form 20. This regulation further stated that the date the wound or injury occurred would also be placed in item 40. 3. Army Regulation 672-5-1 (Military Awards), then in effect, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards. The Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of 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. ABCMR Record of Proceedings (cont) AR20170012013 0 3 1