DOCKET NUMBER:  AR20100011999 


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 award of a second Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 5 August 1968.

2.  The applicant states, in effect, he was awarded two Purple Hearts for wounds received in the Republic of Vietnam.

3.  The applicant provides copies of his:

* Purple Heart Certificate for wounds received on 2 February 1967 in the Republic of Vietnam
* Purple Heart Certificate for wounds received on 13 August 1967 in the Republic of Vietnam

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 9 August 1966.  He was assigned the military service number (MSN) US ****9292.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).

3.  Headquarters, 3rd Training Brigade, Fort Jackson, SC Special Orders Number 208, dated 1 December 1966, awarded the applicant the:

* Second Class Gunner (now known as the Marksman Marksmanship Qualification Badge) with Machine Gun Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

4.  The applicant was assigned to Company A, 1st Battalion, 27th Infantry, 
25th Infantry Division from 17 January 1967 to 9 January 1968 in the Republic of Vietnam.

5.  25th Infantry Division General Orders Number 575, dated 14 February 1967, awarded the applicant the Purple Heart for wounds received on 2 February 1967 in connection with military operations against a hostile force.

6.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 20 August 1967, documents treatment received by the applicant on 13 August 1967 at the 12th Evacuation Hospital for a fragment wound to his right chest wall.  Entries on the form indicate the applicant was recommended for the Purple Heart and it  was not awarded at the hospital.

7.  The applicant was promoted to sergeant/pay grade E-5 on 9 November 1967.

8.  25th Infantry Division General Orders Number 4681, dated 2 December 1967, awarded the Bronze Star Medal to a list of Soldiers for the period from January 1967 to December 1967.  The applicant's name is listed in these orders; however, the MSN shown is US ****4292.  The unit listed is Company A, 
1st Battalion, 27th Infantry, 25th Infantry Division.

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

* "FW:  Rt Arm" [fragment wounds to the right arm], dated 13 February 1967
* "Fw:  Right Side," dated 13 August 1967
10.  On 8 August 1968, the applicant was released from active duty.  He had completed 2 years of active service that was characterized as honorable.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he was awarded one Purple Heart, the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal, and the Combat Infantryman Badge.

11.  There are no orders in the applicant's Military Personnel Records Jacket (MPRJ) awarding him a second Purple Heart.

12.  The applicant is listed twice on the Vietnam Casualty Listing.  The listing reflected his casualty status as:

* hostile, wounded in action, not serious, hospitalized on 2 February 1967
* hostile, wounded in action, not serious, hospitalized on 13 August 1967

13.  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 service.

14.  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, showed orders for the applicant's award of the Purple Heart for wounds received on 2 February 1967.  However, orders for award of the Purple Heart for wounds received on 13 August 1967 were not listed.  

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

* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968) 

16.  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 pamphlet shows that at the time of the applicant’s assignment to the 1st Battalion, 27th Infantry the unit received the:

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

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 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 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings. 

19.  Army Regulation 672-5-1, then in effect, provided, in pertinent part, that 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 had been wounded, killed, or who had 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, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

20.  Army Regulation 600-8-22 (Military Awards) states the bronze oak leaf cluster is awarded to denote second and succeeding awards of decorations (other than the Air Medal).

21.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his second award of the Purple Heart should be added to his DD Form 214.

2.  The applicant's DA Form 20 shows that he received:

* fragment wounds to his right arm on 13 February 1967
* fragment wounds to his right side on 13 August 1967

3.  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.

4.  The DA Form 8-275-3 shows the applicant received treatment on 13 August 1967 for a fragment wound in his right chest wall and the award of the Purple Heart was recommended.

5.  The Vietnam Casualty Listing lists the applicant as having been wounded by hostile action on 2 February and 13 August 1967.  Orders for award of the Purple Heart for wounds received on 2 February 1967 are in the applicant's MPRJ.

6.  In view of the above, there is sufficient evidence to show the applicant was wounded in February and August 1967 in the Republic of Vietnam.  Therefore, it would be appropriate to issue orders awarding the applicant the Purple Heart with First Oak Leaf Cluster for wounds he received on 13 August 1967 in the Republic of Vietnam and to include this award on his DD Form 214.

7.  The orders for award of the Bronze Star Medal show an MSN that is one digit different than that of the applicant.  However, the unit shown on the orders and the time frame of the award match the applicant's unit and time assigned to that unit.  Therefore, it is reasonable to conclude that a typographical error (one keystroke) was made when entering the applicant's MSN to the orders.  Therefore, it would be appropriate to add the Bronze Star Medal to his DD Form 214.

8.  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 is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 9 August 1966 to 8 August 1968 ending with termination of a period of Federal military service.
9.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.  

10.  During the period the applicant was assigned to the 1st Battalion, 27th Infantry, the unit received the following awards and these awards should be added to his DD Form 214:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

11.  Orders in the applicant's MPRJ show he was awarded the Marksman Marksmanship Qualification Badge with Machine Gun Bar and Automatic Rifle Bar.  Therefore, these awards should be added to his DD Form 214.

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 awarding the applicant the: 

* Purple Heart with First Oak Leaf Cluster for wounds received in action on 13 August 1967 in the Republic of Vietnam
* Army Good Conduct Medal for the period of service from 9 August 1966 to 8 August 1968


2.  The Board also recommends that all Department of the Army records of the individual concerned be corrected by amending item 24 of his DD Form 214 to add the:

* Bronze Star Medal
* Purple Heart with First Oak Leaf Cluster
* Army Good Conduct Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Marksman Marksmanship Qualification Badge with Machine Gun Bar and Automatic Rifle Bar



      __________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)                                         AR20100011999





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ABCMR Record of Proceedings (cont)                                         AR20100011999



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