ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 August 2019 DOCKET NUMBER: AR20180010328 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * Purple Heart * his foreign service in Vietnam APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2658 (Health Record – Abstract of Service) * USARYIS Form 263 (U.S. Forces Permit for Civilian Vehicle) * U.S. Mail Tag * Army and Air Force Exchange Service Sales Slip * Certificate of Achievement Certificate * 10 Photographs * Three Envelopes addressed to the applicant * Letter from Encyclopedia Britannica, dated 23 September 1972 * The American National Red Cross Card, dated 4 August 1972 * DA Form 2496 (Disposition Form), dated 16 October 1972 * Letter from Ohio University, dated 23 October 1972 * Army Commendation Medal Certificate * DA Form 31 (Request and Authority for Leave), dated 10 November 1972 * Certificate of Appreciation Certificate * DD Form 214 * Department of Veterans Affairs (VA) Medical Center Letter * VA Identification Card * U.S. Army Human Resources Command (HRC) Letter, dated 15 March 2018 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 his DD Form 214 does not reflect his Vietnam service and does not indicate the issuance of his Purple Heart for his heroic actions on 12 November 1971. He has been denied the recognition as a combat veteran and the benefits he has applied to through the VA. 3. The applicant provides: a. DA Form 2658, which shows his medical history from 7 June 1971 through 27 September 1972: * 27 November 1971 - 27 November 1972, no service annotated, but the station is listed as Vietnam Infantry (LRRP) Long Range Reconnaissance Patrol * 28 November 1971, bullet fragments to the right knee while assigned to the Americal Division, 75th Ranger Company in Chu Lai * 15 June 1972, shrapnel lower legs (right and left) * 22 August 1972, ruptured right ear drum (tunneling no plugs) fragged at Camp Holloway Pleiku * 25 September 1972, malaria light case due to neglect of pills provided * 25 September 1972, bad feet from water, teeth, scalp, and nerves * 27 September 1972, shrapnel left arm (minor) b. USARYIS Form 263, dated 14 January 1972, which shows a permit for a civilian vehicle was issued to the applicant. c. A mail tag from the U.S. Mail going to Vietnam with the applicant’s name. d. A sales slip form the Army and Air Force Exchange Service, dated 29 November 1971. e. Certificate of Achievement issued by his unit in Vietnam (2nd Logistical Command, Americal Division) for the period of 7 March 1972 to 11 April 1972 while assigned as a vehicle operator. f. 10 photographs of various medals, plaques and camps presumably awarded to the applicant while he was in Vietnam. g. Correspondence from Ohio University, dated 23 October 1972, addressed to him concerning his interest to attend a college after getting out of the service. h. Army Commendation Medal Certificate awarded on 20 December 1972 for meritorious achievement in Operation Big Steel in Japan from 8 November 1972 to 10 November 1972. i. DA Form 31, dated 11 November 1972, requesting a pass on 12 November 1972 from Japan. j. Certificate of Appreciation from President Richard Nixon for the period of 24 May 1971 to 11 March 1973. k. On 15 March 2018, HRC responded to the applicant’s request for award of the Purple Heart. Based on a review of the documentation, they were unable to verify his entitlement to the Purple Heart. l. On 11 April 2018, the ABCMR responded to the applicant’s request for correction of his records to amend his DD Form 214 to show his correct Vietnam service time. The ABCMR, did not consider the case, because the applicant had not exhausted all available administrative remedies to correct the alleged error or injustice. 4. A review of the applicants’ service records shows: a. He was inducted on 24 May 1971 into the Army of the United States. b. His record is void of documentation, there is no personnel qualification record forms. c. On 27 February 1973, his Standard Form 88 (Report of Medical Examination) his expiration of term service evaluation does not show any information of wounds or defects. On 11 March 1973, the applicant stated on DA Form 3082-R (Statement of Medical Condition) there had been no changes in his medical condition. d. On 11 March 1973, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 1 year, 9 months, and 3 days of active service; and time lost from 15 October 1971 to 29 October 1971. It also shows in: (1) Block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar (M-16). (2) Block 22c (Foreign Service) – U.S. Army Pacific 1 year, 3 months and 28 days. (3) Block 30 (Remarks) – Service in Vietnam – None, Indochina: NO, Korea: NO. e. Special Orders Number 070, dated 11 March 1973, assigned him to the U.S. Army Reserve Control Group on 12 March 1973. f. A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1971 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command failed to reveal award of the Purple Heart for the applicant. g. His DA Form 20 (Enlisted Qualification Record) is not available for review. This form would have listed any injuries incurred as a result of hostile action and the date. h. His name is not listed on the Vietnam casualty roster. i. His record is void of a Western Union telegram or official correspondence notifying his next of kin of an injury. This was the contemporaneous notification procedure. 5. By regulation (AR 600-8-22), the Purple Heart is awarded for a wound/injury 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 medical personnel * the medical treatment must have been made a matter of official record 6. By regulation (AR 635-5), effective 23 May 1972, the instructions for completing the DD Form 214 stated to indicate Indochina and Korea service performed on or after 5 August 1964 in item 30 (Remarks) of the DD Form 214 by entering inclusive dates of service for Vietnam and indicating "Yes" or "No" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam – 24 May 71 through 11 March 73, Indochina – No, Korea – No." c. AR 635-8 (Separation Processing and Documents), currently in effect, requires dates of service while being deployed to be added in the remarks section of the DD Form 214. The entry should show, "Service in (name of country deployed) from (inclusive dates) shown as YYYYMMDD - YYYYMMDD." BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant contentions were carefully considered. His record is absence any evidence showing his was deployed or assigned to the Republic of Vietnam. His record clearly shows that he was assigned to USARPAC with duty in Okinawa, Japan. His DD Form 214 shows a “No” entry for Vietnam service and he authenticated the form with his signature upon separation from active duty. Although he provided documents that possibly placed him in Vietnam for temporary duty, there is insufficient evidence to show Vietnam service dates, nor evidence to support the wound information listed on the DA Form 2658. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. 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 (AR) 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual military decorations. It states the Purple Heart is awarded in the name of the President of the United States 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 after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after, being wounded: * In any action against an enemy of the United States * In any action with an opposing armed force of a foreign country in which the Armed Forces of the U.S. are or have been engaged * While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the U.S. is not a belligerent party. * As the result of an act of any such enemy of opposing Armed Forces * As the result of an act of any hostile foreign force 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, requires dates of service while being deployed to be added in the remarks section of the DD Form 214. The entry should show, "Service in (name of country deployed) from (inclusive dates) shown as YYYYMMDD - YYYYMMDD." //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010328 6 1