RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 March 2007
	DOCKET NUMBER:  AR20060010751 


	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. Gerard W. Schwartz

Acting Director
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his two already awarded Purple Hearts be added to his DD form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that his DD Form 214 does not list either of his two Purple Hearts which were awarded by two different brigadier generals.  He was awarded two Purple Hearts in Vietnam.  He received the wounds on 27 June 1970.  He was awarded the Purple Hearts on 2 July 1970.  He has never checked his DD Form 214 for a listings of his Purple Hearts until he was directed to check it by his uncle.  He assumed the Army had recorded his Purple Hearts, which they had not.

3.  The applicant provides copies of his two Purple Heart certificates and his DD Form 214, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 22 January 1972, the date of his release from active duty.  The application submitted in this case is dated 17 July 2006.

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 limitations 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 military records show he enlisted in the Regular Army, in pay grade E-1, on 25 June 1969.  He completed basic and advanced training and was awarded military occupational specialty 11B, light weapons infantryman. 

4.  The applicant’s records also contain Special Orders Number 139, dated 18 August 1969, showing he was awarded the Expert Qualification Badge, with Rifle Bar (M-14).  His records further contain Special Orders Number 217, dated 8 October 1969, showing he was awarded the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-16).

5.  The applicant’s records show he served in Vietnam from 13 January 1970 to 2 December 1970 with Companies D and E, 3rd Battalion, 503 Infantry, 73rd Airborne Brigade, for three campaigns.  

6.  The applicant’s records contain General Orders Number 1694, dated 2 July 1970, that show he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 27 June 1970.

7.  The applicant submits a copy of a Purple Heart certificate, dated 2 July 1970, for award of the Purple Heart for wounds received in action in the Republic of Vietnam on 27 June 1970.

8.  The applicant’s records also show he served in Vietnam from 19 September 1971 through 8 October 1971 with Company H, 75th Rangers, 3rd Brigade, for one campaign.  He served from 9 October 1971 to 22 January 1972 with Troop H (Air), 16th Cavalry, 3rd Brigade, for one campaign.

9.  The applicant’s records contain General Orders Number 727, dated 1 April 1971, that shows he was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 27 June 1970.

10.  The applicant submits a copy of a Purple Heart certificate, dated 1 April 1971, for award of the Purple Heart for wounds received in action in the Republic of Vietnam on 27 June 1970.

11.  The applicant’s records also contain Special Orders Number 130, dated 10 May 1971, showing award of the Sharpshooter Qualification Badge, with Rifle Bar (M-16).

12.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds) shows "fragment wound to the left leg" on 27 June 1970.  Item 40 does not list any other wounds or dates during his service in Vietnam.  Item 41 (Awards and Decorations) does not show award of the Purple Heart.  The following awards are shown in Item 41 but are not shown on his DD Form 214:  the Expert Qualification Badge, with Rifle Bar (M-14); the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16); and two Overseas Service Bars.  

13.  The Vietnam Casualty Roster lists the applicant's name on page 1650.

14.  The applicant was honorably separated from active duty, in pay grade E-4, on 22 January 1972 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

15.  Entries on the applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) list the following awards:  the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with Device 60; the Army Commendation Medal; and the Parachutist Badge.  The Purple Heart is not listed.  

16.  The applicant was discharged from the USAR at the expiration of his term of service on 1 June 1975.

17.  There is no indication in the applicant's service records that he was awarded the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his unit commander for award of the Good Conduct Medal.

18.  A staff member of the Army Review Boards Agency, Congressional and Special Actions Branch, Arlington, Virginia, verified that the applicant’s records failed to show he was entitled to award of the Purple Heart for wound received on 22 January 1972[sic].  The historical files of Headquarters, 173rd Airborne Brigade, archived at the National Archives, College Park, Maryland, were reviewed, and failed to identify the applicant as being entitled to the award of the Purple Heart for wounds received on that date.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for 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, and the medical treatment must have been made a matter of official record.  The regulation also states that the Purple Heart is not governed by the statute of limitations.

20.  Army Regulation 600-8-22 also provides that a Purple Heart is authorized for the first wound suffered under the above conditions, but for each subsequent award an Oak Leaf Cluster will be awarded.  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.

21.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment with the 3rd Battalion, 503rd Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Headquarters, Department of the Army General Orders Number 51, dated 1971 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, by Headquarters, Department of the Army General Orders Number 5, dated 1973.

22.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

23.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the Vietnam Service Medal.  A silver service star is worn instead of five bronze service stars.  

DISCUSSION AND CONCLUSIONS:

1.  By regulation, not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instance or from the same missile, force, explosion, or agent.  

2.  The evidence of record shows that he was awarded a Purple Heart for wounds he received in Vietnam on 27 June 1970, as a result of hostile action, and made a matter of official medical record.  He was provided two certificates by two different brigadier generals for the same incident.  All his wounds were treated as battle casualties for the same instance and as a result he is entitled to one Purple Heart.  Available service records give no indication that the applicant ever sustained or was treated for a wound on more than one occasion as a result of enemy action or that he was ever eligible for award of a first or second Oak Leak Cluster for his Purple Heart.

3.  The evidence of record confirms that the applicant is entitled to award of the Expert Qualification Badge, with Rifle Bar (M-14); the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16); two Overseas Service Bars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and one silver service star to be affixed to his Vietnam Service Medal.  These awards are not shown on the applicant's DD Form 214.
4.  The evidence of record shows that the applicant completed a qualifying period of service for award of the Good Conduct Medal on 22 January 1972.  There is no evidence his commander ever disqualified him from receiving the award and no evidence of any misconduct which would justify denying him the award.  In view of the foregoing, it is concluded that the applicant met the basic qualifications for award of the Army Good Conduct Medal and it would be appropriate and in the interest of equity to award him that award for the period 25 June 1969 to 22 January 1972.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 January 1972, date of his release from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 21 January 1975.  The applicant did not file within the 3-year statute of limitations.  However, since award of the Purple Heart is not governed by a statute of limitations, it is appropriate to waive failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___A____  __RSV _  __SWF __  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 showing award of the Purple Heart for wounds received as a result of enemy action in the Republic of Vietnam on 27 June 1970; the Expert Qualification Badge, with Rifle Bar (M-14); the Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-16); two Overseas Service Bars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and one silver service star to be affixed to his Vietnam Service Medal; the Good Conduct Medal for the period 25 June 1969 to 22 January 1972; by adding them to the list of awards contained on his DD Form 214, and by providing him a correction to his 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 award of a first Oak Leaf Cluster for his already awarded Purple Heart.  




      __
                CHAIRPERSON




INDEX

CASE ID
AR20060010751
SUFFIX

RECON

DATE BOARDED
20070306
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.00
2.
107.15
3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20060010751


7


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508