BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100010711 


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 his record be correct to reflect award of three Purple Hearts. 

2.  The applicant states he believes he is entitled to three awards of the Purple Heart although his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflects only one.  He states he received his first wound on 21 January 1968 and was treated for multiple shrapnel wounds in the field.  He notes he was assigned to the 4th Battalion of the 23rd Infantry at the time and indicated another Soldier was killed during the attack.

3.  He states he was wounded a second time on 29 January 1968 when he was shot in the leg and spent two weeks in the hospital at the division base camp.  He also states he received the Purple Heart for the wound he sustained on 
14 February 1969, which would have been his third wound. 

4.  The applicant states it was not important to him at the time to receive these awards but he would now like to have the recognition for his family.

5.  The applicant provides no additional evidence 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 available evidence indicates the applicant was inducted into the Army of the United States on 15 May 1967.  He successfully completed the training requirements and he was awarded military occupational specialty 11B (Light Weapons Infantryman) and in October 1967 he was assigned to Company A, 4th Battalion, 23rd Infantry in Vietnam.

3.  According to clinical record sheets contained in the applicant’s file, he sustained a gunshot wound to his right leg on 29 January 1968 and a gunshot wound to his back on 14 February 1968.  In both instances he received medical treatment, the wounds were recorded in item 40 (wounds) on his DA Form 20 (Enlisted Qualification Record), and his name appears twice on the Vietnam Casualty Roster.  On the clinical record sheet associated with his 29 January 1968 wound it is noted he was “recommended for Purple Heart” and “Purple Heart not awarded this station.”

4.  On 4 March 1968 orders were issued by the 12th Evacuation Hospital in Vietnam awarding the applicant the Purple Heart for the wound he sustained on 14 February 1968.

5.  On 14 March 1968 the applicant was medically evacuated from Vietnam.  Following his medical treatment, the applicant was briefly assigned to Fort Sill, Oklahoma, where he was promoted to pay grade E-5, and then subsequently transferred to Fort Hood, Texas.

6.  On 14 May 1969 the applicant was released from active duty with an honorable characterization of service.  There was no record of any disciplinary action in the applicant’s file and his conduct and efficiency ratings were all "excellent."  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 reflects the following:

* National Defense Service Medal
* Vietnam Service Medal with 2 bronze service stars

* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Purple Heart

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for award of the Purple Heart, including the order which is already contained in the applicant’s Official Military Personnel File.

8.  References:

		a.  Army Regulation 600-8-22 (Military Awards) states 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.

		b.  Army Regulation 600-8-22 provides that an Oak Leaf Cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

		c.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

		d.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 4th Battalion of the 23rd Infantry 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 the applicant was a member of that organization.

        e.  Army Regulation 600-8-22 also states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award only (emphasis added) ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.

DISCUSSION AND CONCLUSIONS:

1.  There is sufficient evidence to confirm the applicant was wounded as a result of hostile action on two separate occasions while in Vietnam; once on 
29 January 1968 and again on 14 February 1968.  There is, however, no evidence confirming the applicant was wounded on 21 January 1968.  As such, the applicant is entitled to a second award of the Purple Heart, but in the absence of medical evidence confirming he required and received treatment for a wound on 21 January there is no basis to grant him a third award of the Purple Heart.

2.  The applicant completed a qualifying period of service for award of the Army Good Conduct Medal on 14 May 1969.  There is no indication in available records that show he was disqualified for the award or that there would have been any basis to deny him that award.  As such, it would be appropriate to award the applicant the Army Good Conduct Medal for the period 15 May 1967 to 14 May 1969 and to correct his DD Form 214 accordingly.

3.  The applicant is also entitled to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His DD Form 214 should be corrected accordingly.

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 sustained on 29 January 1968;

   b.  Awarding him the Army Good Conduct Medal for the period 15 May 1967 
to 14 May 1969;

   c.  Deleting the Purple Heart from his DD Form 214; and
   
   d.  Adding to his DD Form 214 the Purple Heart with Oak Leaf Cluster, the Army 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.

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 the Purple Heart for wounds the applicant states were incurred on 21 January 1968.  



      _______ _   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)                                         AR20100010711



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ABCMR Record of Proceedings (cont)                                         AR20100010711



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