RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 January 2004
         DOCKET NUMBER: AR2003091150

         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
MR. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Allen L. Raub		Member
Mr. William D. Powers		Member

   The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his record be corrected to show he was awarded the Purple Heart (PH) on three separate occasions.

2. The applicant states, in effect, that he was wounded in action three times while serving in the Republic of Vietnam (RVN).

3. The applicant provides a copy of his separation document (DD Form 214) and three PH certificates in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice that occurred during his active duty service, which ended on 8 August 1968. The application submitted in this case is dated 1 May 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s record confirms that he was inducted into the Army and entered active duty on 30 August 1966. He was trained and served in military occupational specialty (MOS) 11B (Infantryman), and he continuously served on active duty for 1 year, 11 months, and 9 days until being honorably separated on 8 August 1968.

4. The applicant’s Enlisted Qualification Record (DA Form 20) confirms that he served as an infantryman in Company D, 5th Battalion, 7th Cavalry Regiment, 1st Cavalry Division, RVN, from 26 February 1967 through 13 February 1968. Item 38 (Record of Assignments) also shows that the applicant received “Excellent” conduct and efficiency ratings at all of his active duty assignments.

5. Item 40 (Wounds) of the applicant’s DA Form 20 contains two entries that indicate that the applicant received a punji stick wound to his right leg on
27 March 1967 and a fragmentation wound to his right thumb on 9 September 1967. Item 41 (Awards and Decorations) shows that he was awarded the PH in general orders (GO) number 5449, dated 13 September 1967, for being wounded in action on 9 September 1967.

6. The applicant’s Military Personnel Records Jacket (MPRJ) contains no derogatory information or unit commander disqualification that would have precluded the applicant from receiving the Army Good Conduct Medal. There is a copy of GO Number 5449, dated 3 September 1967, issued by the 1st Cavalry Division, RVN on file in the MPRJ. These orders confirm that the applicant was awarded the PH, for being wounded in action on 9 September 1967. There were no PH orders issued for the wound the applicant received on 27 March 1967.

7. Military medical treatment records on file confirm the applicant was treated for a punji stick wound to the right leg, which he received on 27 March 1967, while on a combat mission in the An Loe Valley, RVN. There is no medical record of treatment for a third wound the applicant claims to have received while serving in the RVN.

8. The DD Form 214 issued to the applicant on 8 August 1968, the date of his release from active duty, confirms that he was honorably separated after completing a total of 1 year, 11 months, and 9 days of active military service. It also shows that during his active duty tenure, he earned the following awards: National Defense Service Medal; Vietnam Service Medal; RVN Campaign Medal; Combat Infantryman Badge; Air Medal; Purple Heart; Bronze Star Medal; Two Overseas Bars; and the Expert Marksmanship Qualification Badge with Rifle Bar.

9. The applicant provided three PH certificates in support of his application. The first certificate is dated in late March 1967 and indicates the applicant was awarded the PH for being wounded in action on 27 March 1967. The second certificated is dated 1 April 1967 and also shows that the applicant was awarded the PH for being wounded in action on 27 March 1967, the same date recorded on the first certificate. The third and final certificate is dated 13 September 1967, and it indicates that the applicant was awarded the PH for being wounded in action on 9 September 1967.

10. In connection with the processing of this case the Department of the Army (DA) Vietnam Casualty Roster was reviewed by a member of the Board staff. This search revealed that the applicant’s name was recorded on this official DA list of casualties twice. The first time for being wounded in action on 27 March 1967 and the second time for being wounded in action on 9 September 1967.

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11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member who after 5 April 1917, has been wounded or killed as a result of hostile action by an enemy. It further states that a PH is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

12. The awards regulation further stipulates that in order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

13. Paragraph 2-13 of the awards regulation contains guidance on award of the Vietnam Service Medal and it states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

14. Table B-1 of the awards regulation contains a list of campaigns and it
shows that during the applicant’s tenure of assignment in the RVN, he was credited with participating in the Vietnam Counteroffensive Phase II, Vietnam Counteroffensive Phase III and TET Counteroffensive 1968 campaigns.

15. Chapter 4 of the same regulation prescribes the policy for award of the Army Good Conduct Medal. It states, in pertinent part, that it is authorized for each
3 years of qualifying honorable service completed on or after 27 August 1940. However, for the first award only, a period of more than one year is a qualifying period if the award is issued at the termination of a period of Federal service. While there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

16. Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict. It confirms that during his tenure of assignment in the RVN, the applicant’s unit (5th Battalion, 7th Cavalry Regiment) earned the Valorous Unit Award for the period 1 through 31 October 1967, the RVN Gallantry Cross Unit Citation with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation.

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DISCUSSION AND CONCLUSIONS:

1. The evidence of record supports the portion of the applicant’s contention that pertains to being wounded in action twice while serving in the RVN. However, it does not support his claim that he was wounded in action on a third separate occasion. It is noted that two of the three PH certificates provided by the applicant pertain to his being wounded in action on 27 March 1967, lacking evidence to show he was wounded in two separate instances on the same date, it is presumed that these were duplicate certificates published for the same award based on the same wound and same incident.

2. The applicant’s MPRJ contains a copy of GO 5449, dated 13 September 1967, which awarded the applicant the PH for being wounded in action on
9 September 1967. This award of the PH was added to his DA Form 20 and included in the list of awards contained on his 8 August 1967 DD Form 214.

3. Medical treatment records on file corroborate the DA Form 20 Item 40 entry that indicates the applicant was also wounded in action on 27 March 1967, when he received a punji stick wound to his right leg while participating in a combat operation in the RVN. These medical treatment records confirm the applicant was treated for this combat related wound and this treatment was made a matter of official record. Thus, it would be appropriate to award the applicant the PH
1st Oak Leaf Cluster, for this wound he received as a result of enemy action.

4. Further, absent derogatory information that would preclude the applicant from receiving the Army Good Conduct Medal or a specific disqualification from any of the active duty unit commanders for whom he served, the applicant is entitled to receive the first award of the Army Good Conduct Medal based on his qualifying period of honorable active duty service from 30 August 1966 through 8 August 1968.

5. During the review of this case, it was found that based on his campaign participation and service in the RVN, the applicant is entitled to 3 bronze service stars with his Vietnam Service Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. Thus, it would also be appropriate to add these awards to his record at this time.

BOARD VOTE:

_AR___ __WDP__ __MKP___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. 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 with First Oak Leaf Cluster, for being wounded in action while serving as a private first class in the RVN on 27 March 1967;

b. awarding him the Army Good Conduct Medal, for his qualifying period of honorable active duty service from 30 August 1966 through 8 August 1968;

c. showing that based on campaign participation and service in the RVN he is entitled to 3 bronze service stars with his Vietnam Service Medal and to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

d. providing him a corrected separation document that includes these awards.

2. The Board further determined that 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 a third award of a Purple Heart.




                  Margaret K. Patterson
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091150
SUFFIX
RECON
DATE BOARDED	2004/01/DD
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1968/08/08
DISCHARGE AUTHORITY	AR 635-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.