IN THE CASE OF:	  

		BOARD DATE:	  14 October 2009

		DOCKET NUMBER:  AR20090007718 


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 three Purple Hearts.

2.  The applicant states, in effect, that his DD Form 214 only shows one Purple Heart. 

3.  The applicant provides, in support of his application, copies of his DD Form 214, a photograph and newspaper articles relating to his Purple Heart awards, a Western Union telegram, Purple Heart Orders and certificate, and page four of his DA Form 20 (Enlisted Qualification Record).

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 26 July 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 51N (Water Supply Specialist).  He was subsequently assigned for duty in the Republic of Vietnam.           

3.  On 5 March 1967, the applicant was assigned for duty as a water supply specialist with the 17th Engineer Company.  

4.  On 10 January 1968, the applicant was reassigned to A Company, 26th Engineer Battalion.  He performed duty as a senior water supply specialist.  

5.  On 23 April 1968, the applicant was promoted to specialist five, pay grade 
E-5, in MOS 12B (Combat Engineer). 

6.  A casualty message, date/time group 250222Z May 1968, reports that the applicant was wounded as a result of enemy action on 23 May 1968.  He received fragment wounds to his left ankle when the camp came under hostile mortar attack.  

7.  General Orders Number 220, 2nd Surgical Hospital, dated 20 September 1968, awarded the applicant the Purple Heart for wounds received in action on 19 September 1968.

8. On 26 September 1968, the applicant was assigned, as a patient, to the Medical Holding Detachment, Navy Hospital Chelsea, Massachusetts. 

9.  General Orders Number 8109, Americal Division, dated 19 October 1968, awarded the applicant the Purple Heart for wounds received on 19 September 1968.  

10.  On 22 February 1969, the applicant departed the Navy hospital for duty with the 7th Engineer Battalion, Fort Carson, Colorado.

11.  Special Orders Number 170, 5th Infantry Division, dated 19 June 1969, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar.

12.  On 25 July 1969, the applicant was released from active duty.  He had completed 3 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, Vietnam Service Medal with three “brpnze” service stars, Vietnam Campaign Medal with 1960 Device, and the Purple Heart.  It does not show award of a second or third Purple Heart. 

14.  Block 40 (Wounds) of the applicant's DA Form 20 indicates that he was wounded in action on 23 May 1968 (left ankle) and again on 19 September 1968 (right hip).   It does not show any other wounds.  Block 41 (Awards and Decorations) of his DA Form 20 shows award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, and one Purple Heart.  Block 38 (Record of Assignments) shows he received all “excellent” conduct and efficiency ratings.

15.  The applicant’s name is listed on the Vietnam Casualty Roster for wounds received in action on 19 September 1968.  It does not report him as wounded in action on any other date.

16.  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.

17.  Army Regulation 672-5-1 (Awards), 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.  

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 Vietnam Counteroffensive, Phase II; the Vietnam Counteroffensive, Phase III; the Tet Counteroffensive; the Vietnam Counteroffensive, Phase IV; and the Vietnam Counteroffensive, Phase V.  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 General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

20.  The applicant has provided, in part, a newspaper article, dated 21 March 1968, wherein, the applicant is identified as having received a Purple Heart and Good Conduct Medal while serving in the Republic of Vietnam.

DISCUSSION AND CONCLUSIONS:

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

2.  The evidence of record shows that the applicant was wounded in action on 
23 May 1968 and again on 19 September 1968.  General orders were published twice for award of the Purple Heart for his wounding on 19 September.  However, there are no available orders awarding him the Purple Heart for his wounding on 23 May 1968.  Therefore, he should be awarded the Purple Heart for his wounds of 23 May 1968.

3.  The March 1968 newspaper article provided by the applicant contains questionable facts.  The applicant did not qualify for award of the Good Conduct Medal until his separation on 25 July 1969, more than a year after publication of the newspaper article.  Furthermore, there is no evidence of record and the applicant did not provide any to show that he had sustained a wound prior to     23 May 1968, which was after the printing of the March 1968 newspaper article.

4.  There is insufficient evidence showing that the applicant sustained a third wound as the result of enemy action.  Therefore, the applicant's request for a third Purple Heart should be denied at this time. 

5.  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, he should be awarded this medal.

6.  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.

7.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

_____x___  ____x____  ____x____  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:

	a.  awarding him the Purple Heart for wounds received in action on 23 May 1968; 

   b.  deleting from Item 24 of his DD Form 214: "Purple Heart" and "Vietnam Service Medal 3 Brpnze Service Stars"; and

	c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Purple Heart with one Oak Leaf Cluster, Army Good Conduct Medal, Vietnam Service Medal with a silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Expert Marksmanship Qualification Badge.



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 third Purple Heart.  




      _______ _   _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)                                         AR20090007718





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090007718



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1