IN THE CASE OF:	  

		BOARD DATE:	  	  15 January 2009

		DOCKET NUMBER:  AR20080016567 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster). 

2.  The applicant states, in effect, that he received the Purple Heart for wounds received in action on 12 June 1969; however, he was wounded a second time on 2 August 1969 but was never issued the Purple Heart. 

3.  The applicant provides orders and an award certificate for the Bronze Star Medal with “V” Device (First Oak Leaf Cluster) for heroism on 2 August 1969; orders and an award certificate for the Purple Heart for wounds received in action on 12 June 1969; and a copy of his DD Form 214 (Report of Transfer or Discharge). 

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 on 27 May 1968.  He arrived in Vietnam on 
21 October 1968.  He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 14th Infantry of the 25th Infantry Division in Vietnam from 29 October 1968 through 19 October 1969.  On 26 May 1970, he was released from active duty in the rank of sergeant (SGT)/E-5 after completing
2 years of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Purple Heart, Bronze Star Medal with “V” Device with first oak leaf cluster, and the Expert Marksmanship Qualification Badge with Machinegun and Rifle Bars as authorized awards.  

4.  Headquarters, 25th Infantry Division General Orders Number 7750, dated 
17 June 1969, show the applicant received the Purple Heart for wounds received in action on 12 June 1969 in Vietnam.

5.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he sustained multiple fragment wounds to his arms and legs on 12 June 1969.  The Vietnam Casualty Roster shows the applicant was wounded on 12 June 1969. 

6.  There are no orders for a second award of the Purple Heart.  However, the orders provided by the applicant for his Bronze Star Medal with “V” Device with First Oak Leaf Cluster for action on 2 August 1969 includes the citation for this award.  It states, in pertinent part, that “….  As the battle progressed, Specialist [the applicant’s last name] was wounded by an impacting grenade….”

7.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation 
based on Department of the Army General Orders Number 5, dated 1973.
9.  Department of the Army Pamphlet 672-3 also shows the applicant's unit at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.

10.  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 by medical personnel, 
and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  The entry on the applicant’s citation for the Bronze Star Medal with “V” Device with First Oak Leaf Cluster for heroism on 2 August 1969 in Vietnam which states that he was wounded by an impacting grenade is accepted as sufficient evidence on which to base a second award of the Purple Heart.  Therefore, he is entitled to award of the Purple Heart with First Oak Leaf Cluster and correction of his records to show this award. 

2.  The applicant was released from active duty in the rank of sergeant with
2 years of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 
27 May 1968 through 26 May 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

3.  The applicant’s unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his records should be corrected to show these awards.

BOARD VOTE:

____X____  ___X____  ___X___  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.  deleting the Purple Heart from his DD Form 214;

	b.  awarding him the Purple Heart with First Oak Leaf Cluster for wounds received in action on 2 August 1969 in Vietnam; 

	c.  awarding him the first award of the Good Conduct Medal for the period 
27 May 1968 through 26 May 1970; and

	d.  adding the Purple Heart with First Oak Leaf Cluster, the Good Conduct Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214.



      __________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080016567



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ABCMR Record of Proceedings (cont)                                         AR20080016567



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