RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 March 2008
	DOCKET NUMBER:  AR20070013200 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Mark D. Manning

Chairperson

Mr. Jeffrey C. Redmann

Member

Mr. Rowland C. Heflin

Member

	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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded a second Purple Heart (correctly known as the Purple Heart with 1st Oak Leaf Cluster).

2.  The applicant states, in effect, that he was wounded in his lower right back.  He spent two weeks in the hospital and had two weeks of additional treatment.    He was never awarded the 2nd award of the Purple Heart.  His original Purple Heart was awarded for an injury to his knee.  He adds that he did not notice that it was not on his DD Form 214 until recently.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted on 13 November 1968.  He successfully completed basic combat training at Fort Campbell, Kentucky and advanced individual training at Fort Lewis, Washington.  On completion of his training he was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant served in Vietnam from 23 April 1969 to 3 April 1970.  He was promoted to pay grade E-5 on 5 February 1970.  He served until he was honorably released from active duty on 8 September 1970. 



4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal; the Vietnam Service Medal; the Republic of Vietnam Campaign Medal with Device (1960); the Combat Infantryman Badge; the Purple Heart; the Air Medal, 3rd award; the Bronze Star Medal, with OLC (Oak Leaf Cluster); the Marksman Marksmanship Qualification Badge, with Rifle Bar (M-14); the Expert Marksmanship Qualification Badge, with Rifle Bar (M-16); and the Sharpshooter Marksmanship Qualification Badge, with Machinegun Bar.  His DD Form 214 does not show any additional awards.

5.  The applicant's name appears on the Vietnam Casualty List for a wound received on 7 December 1969 during his service in Vietnam as a result of enemy action.  It failed to show that he was listed for any additional wounds.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds).  Item 41 (Awards and Decorations) show that he was awarded the Purple Heart, by General Orders Number 2133, Headquarters, 1st Infantry Division, dated 14 February 1970.  

7.  There are no orders in the applicant's service personnel record which shows that he was awarded two awards of the Purple Heart.  There also is no evidence in his records that shows he was wounded or treated for wounds as a result of hostile action on two occasions while serving in Vietnam.

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial and that his commanders took action to deny him award of the Army Good Conduct Medal.

9.  Army Regulation (AR) 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 by military medical personnel, and the medical treatment must have been made a matter of official record.  Paragraph 2-8d states that "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."  The bronze oak leaf cluster is awarded to denote the second and succeeding award of a certain decoration, among which is the Purple Heart.


10.  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.

11.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the two bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a
bronze service star is authorized for the Vietnam Service Medal for participation in each campaign. 

12.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, by Department of the Army General Orders (DAGO) Number 8, dated 1974; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 53, dated 1970; while he was assigned to the unit.  

DISCUSSION AND CONCLUSIONS:

1.  There are no orders officially awarding the applicant two awards of the Purple Heart.  The applicant's name is shown on the Vietnam Casualty List only once for the wounds he sustained on 7 December 1969 for which he was awarded a Purple Heart.  His DD Form 214 indicates that he was awarded the Purple Heart for a wound received on 7 December 1969 while serving in Vietnam.

2.  There are no medical records available to show that he was treated twice for wounds as a result of hostile action.   Therefore, there is insufficient evidence to award a second award of the Purple Heart.

3.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 13 November 1968 to 8 September 1970.

4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in two campaigns and he is therefore, entitled to be awarded two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___MDM_  __JCR__  ___RCH_  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Good Conduct Medal for the period 13 November 1968 to 8 September 1970; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.

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 second Purple Heart to the applicant and its addition to his DD Form 214.




____Mark D. Manning______
          CHAIRPERSON




INDEX

CASE ID
AR20070013200
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20080313
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700908
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.