RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	19 April 2007  
	DOCKET NUMBER:  AR20060011347 


	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.


	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 award of three Purple Hearts, in effect, award of the Purple Heart with two Oak Leaf Clusters.

2.  The applicant states, in effect, he believes his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 10 February 1969, should show his Purple Hearts.  He also states that he was wounded three times in Vietnam.  His DD Form 214 shows the wounds, but his Purple Hearts are not listed.   

3.  The applicant provides a copy of his DD Form 214, dated 10 February 1969, in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 10 February 1969, the date of his release from active duty.  The application submitted in this case is dated 31 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 11 February 1966, for 3 years.  He completed basic and advanced individual training and was awarded military occupational specialty 11H, infantry direct fire crewman. 

4.  The applicant’s records show he served in Vietnam from 6 November 1966 to 11 November 1967, with Headquarters and Headquarters Company, 327th Infantry, 1st Brigade, 101st Airborne Division, for two campaigns.

5.  The applicant's records contain a Statement of Medical Examination and Duty Status, dated 2 June 1967, that shows he was admitted to the 101st Clearing Station in the Republic of Vietnam, on 28 May 1967, for a fragment head wound injury.  The details indicate the applicant was injured by accidental detonation of a friendly grenade.  The injury was considered to have been incurred in the line of duty.  His records do not show he was awarded the Purple Heart as a result of his injury.

6.  The applicant's records contain a Clinical Record Cover Sheet, dated 20 November 1967, that shows he was wounded in action by a gunshot wound to the left wrist with median nerve involvement, in the line of duty, in November 1967.  He was transferred from the 2nd Surgical Hospital, to the 85th Evacuation Hospital, to the United States Army Hospital, Camp Zama, Japan.  The cover sheet indicates the applicant was awarded the Purple Heart at the 2nd Surgical Hospital.

7.  The applicant's records also contain a Clinical Record Cover Sheet, dated 2 December 1967, that shows he was wounded in action by a gunshot wound to the left wrist with laceration on left median and radial nerve, no artery involvement, and suffered a fracture to the distal left radius, on 11 November 1967.  His injuries were determined to be in the line of duty.  He was transferred to the 85th Evacuation Hospital to Walter Reed General Hospital, Washington, DC.  The cover sheet also stated the applicant was awarded the Purple Heart by the 2nd Surgical Hospital, APO 96374, by General Orders Number 146, dated 12 November 1967. 

8.  His DA Form 20 (Enlisted Qualification Record), Item 40 (Wounds), shows "GSW (gunshot wound) Left Hip and Left Wrist" on 11 November 1967.  Item 40 does not list any other wounds or dates during his service in Vietnam.  Item 41 (Awards and Decorations) shows award of the Purple Heart (2nd Oak Leaf Cluster), under the authority of the 2d Surgical Hospital.  

9.  The Vietnam Casualty Roster lists the applicant's name on page 86 and shows he was wounded on 15 June 1967.  There is no evidence in the applicant's records to show he was wounded in action on this date and awarded the Purple Heart as a result of such injury.

10.  The Vietnam Casualty Roster also lists that the applicant was wounded on 11 November 1967.  There is evidence in the applicant's records (Clinical Record cover Sheets and Item 40) that show he was wounded on this date and awarded the Purple Heart.

11.  The applicant was honorably separated from active duty, in pay grade E-5, on 10 February 1969 and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).

12.  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; Two Overseas Service Bars, the Vietnam Service Medal; the Republic of Vietnam Campaign Medal, with Device 60; the Army Commendation Medal; the Combat Infantryman Badge, the Expert Qualification Badge, with Pistol Bar (45 Caliber Pistol), and the Parachutist Badge.  The Purple Heart is not listed.  

13.  Item 30 (Remarks) list Wounds:  Fragment wounds – (R) Chest, (R) Arm, (R) Lower back – 15 May 1967 and Gunshot Wound: (L) Wrist – 11 November 1967 – Vietnam.

14.  The applicant was discharged from the USAR on 10 February 1972.

15.  The applicant reenlisted in the Regular Army, in pay grade E-5, on 13 April 1971.  He was discharged under the provisions of Chapter 10, Army Regulation 635-200, for the good of the service, in pay grade E-1, on 12 April 1973, with a general discharge.

16.  The applicant’s records contain General Orders Number 9, dated 18 September 1972, that show he was awarded the Army Good Conduct Medal for the period of service from 11 February 1966 to 10 February 1969.

17.  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.

18.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

19.  Army Regulation 600-8-22 further specifies that injuries or wounds which clearly do not justify award of the Purple Heart are as follows: accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action.  Commanders must take into consideration the circumstances surrounding an injury, even if it appears to meet the criteria for award of the Purple Heart.  Individuals wounded or killed as a result of "friendly fire" in the "heat of battle" will be awarded the Purple Heart as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

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 Headquarters and Headquarters Company, 327th 
Infantry, 1st Brigade, 101st Airborne Division, 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 21, dated 1969.

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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not entitled to award of the Purple Heart, for a fragmentation wound he sustained to the head as a result of an accidental detonation of a friendly grenade on 28 May 1967.  This incident does not meet the criteria for award of the Purple Heart as specified in Army Regulation 600-8-22.  In this case, the applicant's commander was responsible determining if the circumstances surrounding the applicant's injury deserved award of the Purple Heart.  The evidence of record does not show the commander recommended the applicant for award of the Purple Heart for this injury.

2.  The evidence shows he was wounded in action in the Republic of Vietnam on 11 November 1967 and was awarded the Purple Heart by the 2nd Surgical Hospital by General Orders Number 146, dated 12 November 1967.  All of his wounds and injuries were treated as battle casualties for the same instance and as a result he is entitled to one Purple Heart and to have this award shown on his DD Form 214.

3.  Clinical Record Cover Sheets prepared by the 85th Evacuation Hospital and the 106th General Hospital refer to the same gunshot wound that occurred on 11 November 1967.  Available service records provide no evidence the applicant ever sustained or was treated for more than one wound inflicted as a result of enemy action or that he was ever eligible for award of an Oak Leaf Cluster to be affixed to his already-awarded Purple Heart.

4.  The evidence of record also confirms that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and two bronze service stars to be affixed to his Vietnam Service Medal.  These awards are not shown on the applicant's DD Form 214.

5.  The evidence of record further shows that the applicant was awarded the Good Conduct Medal for the period 11 February 1966 to 10 February 1969.  This award is not shown on his DD Form 214 dated 10 February 1969.

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

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 10 February 1969, 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 9 February 1972.  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 

____S___  __DKH__  ___JH __  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 the already awarded Purple Heart for wounds he sustained as a result of enemy action in the Republic of Vietnam on 11 November 1967; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; two bronze service stars to be affixed to his Vietnam Service Medal; the Good Conduct Medal for the period 11 February 1966 to 10 February 1969; by adding them to the list of awards contained on his DD Form 214, dated 10 February 1969; 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 additional wards of the Purple Heart or the Oak Leaf Cluster to represent award of more than one Purple Heart.  




_____John N. Sloane_______
          CHAIRPERSON




INDEX

CASE ID
AR20060011347
SUFFIX

RECON

DATE BOARDED
20070419
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.15
2.

3.

4.

5.

6.