RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 April 2008
	DOCKET NUMBER:  AR20080000859 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. Chester A. Damian

Member

Mr. Qawiy A. Sabree

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 that he be awarded a second Purple Heart. 

2.  The applicant states he was injured twice in Vietnam and should have received two Purple Hearts.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows only one.  

3.  The applicant provides a Standard Form 600 (Chronological Record of Medical Care) and his DD Form 214.

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 was inducted into the Army on 20 March 1970.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to the 23d Administration Replacement Detachment on or about 25 August 1970.  He was assigned to Company B, 5th Battalion, 46th Infantry, 198th Infantry Brigade on 8 September 1970.

4.  The applicant provided a Standard Form 600 that shows he was treated for multiple small fragment wounds after being knocked over from the concussion of a blast.  His name is on the Vietnam Casualty Roster as being wounded in action (not serious, not hospitalized) on 15 November 1970.

5.  The applicant was wounded in action on 16 December 1970 (not serious, hospitalized) and medically evacuated out of Vietnam after being credited with participation in one campaign.  Headquarters, 27th Surgical Hospital General Orders Number 165, dated 28 December 1970, awarded the applicant the Purple Heart for wounds received on 16 December 1970.

6.  The applicant was honorably released from active duty on 19 November  1971 in the rank and grade of Specialist Four, E-4 after completing 1 year and     8 months of creditable active service with no lost time.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Purple Heart, the Vietnam Service Medal, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle bar.

7.  The applicant’s records contain no derogatory information.  His DA Form      20 (Enlisted Qualification Record) shows that his conduct and efficiency were rated as “excellent” throughout his service.

8.  Army Regulation 600-8-22 (Military Awards) states 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.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

9.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  

10.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service. 

11.  Department of the Army General Orders Number 8, 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters,        U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The applicant provided medical evidence that shows he was wounded in action on 15 November 1970.  The Vietnam Casualty Roster also shows he was wounded in action on 15 November 1970, in addition to the wounds he received on 16 December 1970 and for which he was awarded the Purple Heart.  It appears he should also have been awarded the Purple Heart for the wounds he received on 15 November 1970.

2.  The applicant completed 20 months of creditable active service with no lost time.  His records contain no derogatory information and his conduct and efficiency were rated as “excellent” throughout his service.  It appears he met  the eligibility criteria for award of the Army Good Conduct Medal for the period  20 March 1970 through 19 November 1971.

3.  The applicant was credited with participation in one campaign.  Therefore, he is eligible to wear one bronze service star on his Vietnam Service Medal.

4.  All units that served in Vietnam were later awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, this unit award should be added to the applicant’s DD Form 214.

BOARD VOTE:

__jtm___  __cad___  __qas___  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 Purple Heart with first oak leaf cluster for wounds received on 15 November 1970;

     b.  awarding him the Army Good Conduct Medal for the period 20 March 1970 through 19 November 1971; and 
     c.  amending his DD Form 214 to add the Purple Heart with first oak leaf cluster, the Army Good Conduct Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he is eligible to wear one bronze service star on his already-awarded Vietnam Service Medal.




___John T. Meixell____
          CHAIRPERSON