IN THE CASE OF:	  

		BOARD DATE:	        12 February 2009

		DOCKET NUMBER:  AR20080018375 


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

2.  The applicant states that his DD Form 214 omitted this award.

3.  The applicant provided a copy of General Order Number 25, issued by Headquarters, 67th Evacuation Hospital, on 19 February 1971, in support of his application.

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 records show he was inducted into the Army of the United States on 6 February 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty 13B (Field Artilleryman).  He was honorably separated and transferred to the U.S. Army Reserve Control Group (Annual Training) on 5 October 1971.  The highest rank and grade he attained during his military service was private first class/E-3.

3.  The applicant’s records show he served in the Republic of Vietnam during the period 9 August 1970 to 1 March 1971.  He was assigned to Battery B, 3d Battalion, 319th Field Artillery, 173rd Airborne Brigade.

4.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16), one Overseas Service Bar, and the Parachutist Badge.  Item 24 does not show award of the Purple Heart.

5.  Headquarters, 67th Evacuation Hospital, General Order Number 25, dated 19 February 1971 shows the applicant was awarded the Purple Heart for wounds received in action on 18 February 1971 in the Republic of Vietnam.

6.  Headquarters, 173rd Airborne Brigade, General Orders Number 405, dated 23 February 1971, show the applicant was awarded the Purple Heart for wounds received in action on 18 February 1971 in the Republic of Vietnam.

7.  The applicant's name is shown on the Vietnam casualty roster as being injured on 18 February 1971.  The roster does not show a second injury.

8.  The applicant's records contain a Department of the Army message, dated 19 February 1971, stating that the applicant was slightly wounded by multiple fragment wounds to the right thigh, left flank, left back, and left leg when his base camp was attacked by hostile mortar rounds on 18 February 1971.

9.  A review of the applicant's records indicates his entitlement to additional awards that are not shown on his DD Form 214.

10.  Headquarters, 173rd Airborne Brigade, General Orders Number 500, dated 5 March 1971 show the applicant was awarded the Army Commendation Medal for meritorious achievement in connection with ground operations against a hostile force in the Republic of Vietnam from 15 October 1970 to 10 March 1971.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 3d Battalion, 319th Field Artillery, was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation from 5 May 1965 to 26 September 1970, based on Department of the Army General Orders Number 43, dated 1972 (amended Department of the Army General Orders Number 51, dated 1971), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation from 15 April 1969 to 16 March 1971, based on Department of the Army General Orders Number 5, dated 1973.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that campaign credit was awarded for participation in the Vietnam Counteroffensive Phase VII (1 July 1970 to 30 June 1971) and the Consolidation I (1 July 1971 to 30 November 1971) campaigns during the applicant's tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

13.  A review of the applicant's service record shows no derogatory information that would disqualify him for the first award of the Good Conduct Medal.  Furthermore, item 34 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant received “excellent” conduct and efficiency ratings throughout his military service.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart.

2.  The evidence of record shows that the applicant was injured on 18 February 1971 when his base camp was attacked by enemy mortar rounds and that he was hospitalized at the 67th Evacuation Hospital in the Republic of Vietnam.  He was subsequently issued a set of orders on 19 February 1971 by the 67th Evacuation Hospital awarding him the Purple Heart and a second set of orders on 23 February 1971 also awarding him the Purple Heart for the same injury.  By law and regulation, not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  Therefore, although the applicant was issued two sets of orders for the same injury, he is only entitled to correction of his records to show one award of the Purple Heart.

3.  General orders show the applicant was awarded the Army Commendation Medal for meritorious achievement in connection with ground operations against a hostile force in the Republic of Vietnam which is not shown on his records; therefore, he is entitled to have his records corrected to show this award.

4.  General Orders awarded the applicant’s unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

5.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in two campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to award of two bronze service stars to be affixed to the Vietnam Service Medal.

6.  The evidence of record confirms that the applicant served honorably during the period 6 February 1970 to 5 October 1971.  He served in the Republic of Vietnam, was awarded the Purple Heart, and received “excellent” conduct and efficiency ratings throughout his military service.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

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.  awarding the applicant the Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 February 1970 through 5 October 1971; and

	b.  adding award of the Purple Heart, the Army Commendation Medal, the Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending on 5 October 1971.


															XXX
      _________________________
                 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)                                         AR20080018375



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ABCMR Record of Proceedings (cont)                                         AR20080018375



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