IN THE CASE OF:	  

		BOARD DATE:	    6 May 2010

		DOCKET NUMBER:  AR20090018359 


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 award of a second Purple Heart.

2.  The applicant states he was wounded twice and he was never awarded a second Purple Heart.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States 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's military personnel records show he was inducted into the Army of the United States on 4 January 1967.  He completed the training requirements and he was awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman).

3.  While in the Republic of Vietnam the applicant was assigned to the:

* 1st Battalion, 5th Cavalry - from 9 June 1967 to 18 April 1968
* 15th Administration Company, 1st Cavalry Division - from 19 April to         6 June 1968

4.  The applicant was promoted to sergeant/pay grade E-5 effective 8 February 1968.

5.  Headquarters, 1st Cavalry Division General Orders Number 2142, dated 
11 April 1968, awarded the applicant the Purple Heart for wounds received on 
3 April 1968 in the Republic of Vietnam.  

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the entries:

* PSW R Leg (punji stick wound), dated 24 August 1967
* FW (fragment wound) FOREHEAD, dated 3 April 1968

7.  On 18 December 1968, the applicant was released from active duty.  He had completed 1 year, 11 months, and 15 days of active service that was characterized as honorable.  Item 24 (Decorations, Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Purple Heart, Vietnam Service Medal, Combat Infantryman Badge, two Overseas Service Bars, Air Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  

8.  There are no orders in the applicant's military service records awarding him the Purple Heart for wounds received on 24 August 1967.

9.  The applicant is listed twice on the Vietnam Casualty Roster.  The Roster shows his dates of casualty as 24 August 1967 and 3 April 1968.  The Roster reports the applicant’s casualty status in both incidents as hostile, wounded in action, not serious, hospitalized.  

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his period of service.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This document shows that, during the time of the applicant’s assignment to the 
1st Battalion, 5th Infantry the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - January 1966 - August 1968
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation - 
1 January 1966 - 21 January 1970

12.  Department of the Army Pamphlet 672-3 shows that during the time of the applicant's assignment to the 15th Administration Company the unit received the:

* Meritorious Unit Commendation (Army) - 1 October 1967 - 30 June 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 9 August 1965 - 19 May 1969

13.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served during the following campaigns:

* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968) 
* Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968)

14.  Department of the Army Pamphlet 672-3 states that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  Although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will show all awards received.

15.  Army Regulation 672-5-1 (Military Awards), then in effect, stated the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services was wounded or died as a result of 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, required treatment by a medical officer, and the medical treatment was made a matter of official record.

16.  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 was each 3 years except in those cases when the period for the first award ended 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 were not disqualifying.  

17.  Army Regulation 600-200 (Enlisted Personnel Management System), Chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 (wounds) of the 
DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

18.  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.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

19.  Army Regulation 600-8-22 states an Oak Leaf Cluster is issued to denote award of a second and succeeding awards of decorations (other than the Air Medal) and unit awards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded a second Purple Heart.

2.  The applicant's DA Form 20 shows that he was wounded on 24 August 1967 and on 3 April 1968.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without orders or a casualty report.  The DA Form 20 is a source document for completion of the DD Form 214.

3.  The Vietnam Casualty Roster shows the applicant was wounded on 
24 August 1967 and on 3 April 1968.

4.  The preponderance of evidence in this case shows the applicant should be awarded the Purple Heart with First Oak Leaf Cluster for wounds sustained in the Republic of Vietnam on 3 April 1968.

5.  The applicant's records do not show indiscipline or lost time, he received conduct and efficiency ratings of "excellent" throughout his military service, and he was promoted to sergeant in less than 2 years.  Therefore, the preponderance of evidence shows the applicant should be awarded his first Army Good Conduct Medal based on completion of qualifying service from 4 January 1967 to 
18 December 1968 ending with termination of a period of Federal military service.

6.  Based on the applicant's service in the Republic of Vietnam he is authorized the:

* Meritorious Unit Commendation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

7.  The applicant participated in three campaigns during his service in Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his Vietnam Service Medal.  

BOARD VOTE:

___X____  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  publishing an order awarding him the Purple Heart for wounds received on 24 August 1967 in the Republic of Vietnam;

	b.  amending Headquarters, 1st Cavalry Division General Orders Number 2142, dated 11 April 1968, to show he was awarded the Purple Heart with First Oak Leaf Cluster for wounds received on 3 April 1968 in the Republic of Vietnam;

	c.  awarding him Army Good Conduct Medal for the period of service from
4 January 1967 to 18 December 1968;

	d.  deleting from his DD Form 214 the Purple Heart and the Vietnam Service Medal; and 

	e.  amending item 24 of his DD Form 214 to add the:

* Purple Heart with First Oak Leaf Cluster
* Army Good Conduct Medal
* Meritorious Unit Commendation (Army)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _________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)                                         AR20090018359



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ABCMR Record of Proceedings (cont)                                         AR20090018359



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