IN THE CASE OF:	  

		BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090019192 


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 two awards of the Purple Heart.

2.  The applicant states he was injured by shrapnel on two separate occasions.  He was treated for one of those injuries at a hospital at Cam Ranh Bay. 

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of transfer or Discharge), dated 16 December 1968; and a copy of a letter, dated 23 October 2009, from the National Personnel Records Center, in support of his request.

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 enlisted in the Regular Army on 2 March 1966 and held military occupational specialty 12B (Combat Engineer).  He also completed the Basic Airborne Course at Fort Benning, GA, in or around August 1966.

3.  His records also show that he arrived in Vietnam on or about 6 October 1966 and he was assigned to the 90th Replacement Battalion.  On 20 October 1966, he was attached to Headquarters, Support Troops, U.S. Army Vietnam (USARV) for a period of 75 days, through on or about 5 December 1966.  On 21 January 1967, he was further assigned to Company A, 326th Engineer Battalion (Airborne) where he remained until 13 December 1968.

4.  On 16 December 1968, he was honorably released from active duty in the rank/grade of specialist five (SP5)/E-5 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Parachutist Badge.  Item 24 does not show any awards of the Purple Heart.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he suffered a fragment wound to his right arm on 12 September 1967.  Item 40 does not show a second wound or injury.

7.  His name is shown on the Vietnam Casualty Roster under code "23" which indicates "hostile wounded in action – not serious – hospitalized."  The date of this injury/wound is listed as 12 September 1967.  The roster does not show a second wound or injury.

8.  Headquarters, 2nd Surgical Hospital, General Orders Number 89, dated 13 September 1969, awarded him the Purple Heart for wounds received in action on 12 September 1967.

9.  His medical records are not available for review with this case and his service records do not contain a second set of orders awarding him the Purple Heart.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

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

12.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, KY, Special Orders Number 123, dated 3 May 1966, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar.

13.  A review of the applicant's service record shows he received nonjudicial punishment on 15 October 1967 for failing to go to his appointed place of duty at the time prescribed.  Aside from that, no derogatory information exists on his records that would disqualify him for the first award of the Good Conduct Medal.  Additionally, item 38 (Record of Assignments) on his DA Form 20 shows he 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. 

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in 6 campaigns during his service in Vietnam:  Vietnam Counteroffensive, Phase II (1 July 1966 to 31 May 1967); Vietnam Counteroffensive, Phase III (1 June 1967 to 29 January 1968); TET Counteroffensive (30 January 1968 to 1 April 1968); Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968); Vietnam Counteroffensive Phase V     (1 July 1968 to 1 November 1968); and Vietnam Counteroffensive, Phase VI (2 November 1968 to 22 February 1969).  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign and a silver service star denotes five bronze service stars.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during the time of his assignment to Company A, 326th Engineer Battalion, his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 19 July 1968 to 14 May 1969, based on Department of the Army General Orders (DAGO) Number 43, dated 1970, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 18 March 1968 to 2 May 1970, based on DAGO Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded two awards of the Purple Heart.

2.  The evidence of record shows he suffered a fragment wound to his right arm on 12 September 1967.  Additionally, his name is shown on the Vietnam Casualty Roster as wounded as a result of hostile action on 12 September 1967. He was issued an order awarding him the Purple Heart for this wound but his award is not listed on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  The applicant's record is void of any evidence that shows he suffered a second injury or wound in Vietnam.  The Vietnam Casualty Roster does not show that he suffered a second wound or injury and his medical records are not available for review.  Therefore, there is insufficient evidence to award him a second award of the Purple Heart.

4.  General orders awarded his 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 DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Special orders awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, his records show he participated in six campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to a silver service star and a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

7.  The evidence of record confirms he served honorably from 2 March 1966 through 16 December 1968.  He received "excellent" conduct and efficiency ratings throughout this period of military service.  He did receive one Article 15, but it was for a minor offense (failure to go to his appointed place of duty).  It appears it would be appropriate to award him the first award of the Army Good Conduct Medal based on completion of a qualifying period of service and correction of his DD Form 214 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 Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 2 March 1966 through 16 December 1968; and 

	b.  adding to his DD Form 214 the Purple Heart, the Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a silver service star and a bronze service star to be affixed to his already-awarded Vietnam Service Medal.

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 a second award of the 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)                                         AR20090019192



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ABCMR Record of Proceedings (cont)                                         AR20090019192



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