ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:    17 April 2019

	DOCKET NUMBER:  AR20170017659


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart (2nd Award), Bronze Star Medal (2nd Award) with "V" Device, and his rank as staff sergeant (SSG) (permanent (P)) instead of SSG (temporary (T)).  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record) dated 20 August 2016
* Self-authored letter
* Memorandum, subject:  Selection for NCO Candidate School, dated 16 January 1968
* Promotion Orders (SSG (T)) dated 19 July 1968
* Purple Heart Orders and Certificate
* Bronze Star Medal Orders, Certificates, and Citation 
* DD Form 214 for the period ending 20 August 1969

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 poisoned related to providing security for a refugee camp on or about the later part of February or March 1969.  The Purple Heart was presented to him while he was in the hospital in Chu Lai.  He received his second Purple Heart for wounds received in action on 20 May 1969, (see General Orders 34, dated 15 August 1969).  His DD Form 214 states his rank of SSG is temporary, but he was promoted to SSG prior to going to Vietnam, served in multiple positions, and should be recognized as a permanent SSG rather than a permanent CPL. 

3.  The available records are a sufficient basis to administratively correct the applicant's record to show the Bronze Star Medal (2nd Award) with "V" Device and the Purple Heart (1st Award).  The Board will not further address these items.  The Board will address:

* Purple Heart (2nd Award)
* his rank

4.  On 30 August 1967, the applicant was inducted into the Army of the United States.  

5.  Effective 19 July 1968, he was promoted to SSG (T) in orders issued by Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY.    

6.  He served in Vietnam from September 1968 through August 1969.  

     a.  General Orders Number 34, issued by Headquarters, 91st Evacuation Hospital, on 15 August 1969, announced award of the Purple Heart to him for wounds incurred in action on 20 May 1969.  He provides the certificate that accompanied the award.

     b.  Item 40 (Wounds) of his DA Form 20 shows no entries.

     c.  The Vietnam Casualty Roster shows one entry for the applicant showing he was wounded in action on 20 May 1969.  

7.  On 20 August 1969, he was honorably released from active duty.  The DD Form 214 issued at that time shows in:

* items 5a (Grade, Rate, or Rank) and 5b (Pay Grade) – SSG (T)/E-6
* item 6 (Date of Rank) – 19 July 1968
* item 24 (Decorations, Medals, Badge, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – no entry for the Purple Heart
* item 30 (Remarks) – "[Corporal] (P) E-4 [appointed] 4 Mar 69 [Date of Rank] 4 Mar 68"

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  Award of the Purple Heart is announced in orders.

9.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, provided that a temporary promotion to SSG/E-6 would automatically become permanent 18 months from the temporary date of rank or upon temporary promotion to the next higher grade.  

BOARD DISCUSSION:

After reviewing the applicant and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence presented by the applicant and found within his military service record, the Board found that the Bronze Star Medal (2nd Award) with “V” Device was supported by the available evidence.  For that reason, the Board recommended granting that portion of the applicant’s request.
Based upon the regulatory guidance stating that temporary promotions to SSG/E6 would automatically become permanent after 18 months and the applicant serving only 13 months in the rank of SSG prior to being discharged, the Board recommended denying that portion of the request.
Finally, per the regulatory guidance on awarding the Purple Heart, the applicant must provide or have in his service records substantiating evidence to verify that he was injured, 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. After examining the available documents related to the applicant’s request for a second Purple Heart, the Board found insufficient evidence to meet the regulatory standard for a second Purple Heart.  For that reason, the Board recommended denying that portion of the request as well.  
BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



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:
* deleting “BSM” and adding Bronze Star Medal (2nd Award) with “V” Device
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 awarding and adding Purple Heart (2nd Award) and correcting his rank by changing his temporary promotion to permanent.
3.  Prior to closing the case, the Board noted the administrative notes below by the analyst of record and recommend those changes also be completed 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 NOTES:

1.  Amend General Orders Number 34 to correct the applicant's middle initial from "D" to "T" and issue him a Purple Heart Certificate reflecting that correction.

2.  Award him the Army Good Conduct Medal (1st Award) for the period 30 August 1967 to 20 August 1969.

3.  Correct the DD Form 214 for the period ending 20 August 1969 by:

* deleting "VSM"
* adding – 
* Purple Heart for wounds incurred in action on 20 May 1969
* Vietnam Service Medal with four Bronze Service Stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 


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 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  Award of the Purple Heart is announced in orders.

3.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, provided that a temporary promotion to SSG/E-6 would automatically become permanent 18 months from the temporary date of rank or upon temporary promotion to the next higher grade.  


ABCMR Record of Proceedings (cont)	 AR20170017659


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