RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 March 2008
	DOCKET NUMBER:  AR20070017104 


	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

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Frank C. Jones II

Chairperson

Ms. Carmen Duncan

Member

Mr. Scott W. Faught

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 correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of his second Purple Heart.

2.  The applicant states that he was awarded a second Purple Heart which was not recorded on his DD Form 214.

3.  The applicant provides a copy of general orders awarding him the Purple Heart. 

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.  On 25 September 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty 11B1O (Light Weapons Infantryman).

3.  Special Orders Number 287, United States Army Training Center, Fort Bliss, Texas, dated 9 November 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  On 20 March 1968, the applicant was assigned for duty as a rifleman with Company D, 1st Battalion, 502nd Infantry Regiment, in the Republic of Vietnam.  On 20 June 1968, this regiment was redesignated as the 501st Infantry Regiment.



5.  Records show that on 31 March 1968, the applicant received metal fragment wounds to his right leg and back as a result of hostile action.  The Western Union message dated 2 April 1968, to the applicant’s parents stated that he was hospitalized but was not seriously wounded.

6.  General Orders Number 3200, 101st Air Cavalry Division, dated 6 July 1968, awarded the applicant the Purple Heart for wounds received in action on 
31 March 1968.

7.  Records show that on 30 July 1968, the applicant received metal fragment wounds to his head from a hostile booby trap while on a combat operation.  The Western Union message dated 31 July 1968, to the applicant’s parents stated that he was hospitalized but was not seriously wounded.

8.  General Orders Number 10871, 101st Airborne Division, dated 
17 December 1968 awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight on 27 March 1968.

9.  The Vietnam Casualty Roster lists the applicant’s name twice, once for wounds received on 31 March 1968, and again for wounds received on 30 July 1968.

10.  Item 40 (Wounds) of the applicant’s Enlisted Qualification Record (DA Form 20) shows he received wounds on 31 March and 30 July 1968.  Item 41 (Awards and Decorations) of this same form, shows that he was awarded the Purple Heart for wounds received on 31 March 1968.  It does not show a similar order for wounds received on 30 July 1968.  

11.  Army Regulation 600-8-22 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.  An oak leaf cluster is issued to denote award of second and succeeding awards of the Purple Heart.

12.  On 24 September 1969, the applicant was released from active duty.  He had attained the rank of sergeant, pay grade E-5 and had completed 2 years of creditable active duty.

13.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, lists his awards as the National Defense Service Medal, Purple Heart, Bronze Star Medal, Army Commendation Medal, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, and the Vietnam Campaign Medal with Device (1960).  It does not show award of a second Purple Heart, Air Medal, or the Marksman Marksmanship Qualification Badge with Rifle Bar. 

14.  There is no available evidence in the applicant’s records or on the Awards and Decorations Computer Assisted Retrieval System (ADCARS) showing that orders were published for a second Purple Heart. 

15.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

16.  Item 38 (Record of Assignments) of the applicant's Enlisted Qualification Record (DA Form 20) shows that his conduct and efficiency were excellent.  The applicant’s records do not contain any evidence of disciplinary action.  There is no evidence to show that the commander took any action to deny him the Army Good Conduct Medal. 

17.  Army Regulation 672-5-1, in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had completed a qualified 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for 
portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.  

18.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the following five campaign periods: the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; the Vietnam Counteroffensive, Phase V; the Vietnam Counteroffensive, Phase VI; and the Tet 69 Counteroffensive, 1969.   This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes participation in five campaigns.

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 502nd Infantry Regiment, during the time of the applicant's assignment, was cited in Department of the 
Army General Orders (DAGO) Number 2, dated 1971, for award of the Valorous Unit Award; in DAGO Number 21, dated 1969, for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and in DAGO Number 48, dated 1971, for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available that show the applicant was awarded a second Purple Heart.  However, the applicant's name is listed twice on the Vietnam Casualty Roster, his wounds are recorded on his DA Form 20, and there are two Western Union telegrams stating that he was wounded on two different occasions and received medical treatment.  Therefore, it is probable that a second order was published but is not in the record.  The applicant's request to correct his DD Form 214 to show that he was awarded a second Purple Heart should be granted.

2.  The applicant’s records clearly show that he distinguished himself in the performance of his military service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight.  Accordingly, his records should be corrected to show award of this medal.

3.  General orders show that the applicant was awarded the Air Medal.  Therefore, his records should be corrected to show this award.

4.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

5.  Records show that the applicant participated in five campaign periods during his service in the Republic of Vietnam.  Therefore, he is eligible for award of a silver service star to be affixed to his already awarded Vietnam Service Medal. 

6.  The applicant's unit was cited in general orders 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.  Therefore, his records should be corrected to show these foreign unit awards. 

7.  Special Orders show that the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar.  Therefore, his records should be corrected to show this award.


BOARD VOTE:

__FCJ __  __CD ___  __SWF__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal for the period from 
25 September 1967 to 24 September 1969;

	b.  deleting two bronze service stars on his Vietnam Service Medal and adding a silver service star; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include an Oak Leaf Cluster on his already awarded Purple Heart, Air Medal, Valorous Unit Award, Army Good Conduct Medal, a silver service star to be affixed to his already awarded Vietnam Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.




	__     Frank C. Jones II______
          		CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.