IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100022721


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 2 Purple Hearts be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was wounded twice in Vietnam, but did not receive Purple Hearts.

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, United States 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 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 was a Regular Army Soldier from 13 September 1967 to 25 April 1970 when he was honorably separated as a specialist six (SP6/E-6) and transferred to the U.S. Army Reserve (USAR).

3.  The applicant served 2 years, 2 months, and 9 days in Vietnam, from 24 February 1968 to 20 April 1970.  He was assigned to Battery C, 6th Battalion, 77th Artillery from 24 February 1968 through 29 April 1969; the 336th Aviation Company from 30 April 1969 through 19 December 1969; and Headquarters and Headquarters Company, 13th Aviation Battalion from 20 December 1969 to      20 April 1970.  The Vietnam Casualty Roster shows he was wounded in action on 23 June 1968.

4.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam service Medal, the Vietnam Campaign Medal, and the Army Commendation Medal.

5.  There are no orders in the applicant's records awarding him the Purple Heart; no orders could be located in ADCARS, the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.

6.  There is no wounding reflected on the applicant's DA Form 20 (Enlisted Qualification Record).

7.  The applicant's service medical records are not available for review.

8.  The applicant served less than 3 years, but was promoted to E-6.  All of his conduct and efficiency ratings were "excellent."  There is no indication in the records that he was ever court-martialed.

9.  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.  There must have been no convictions by a court-martial.  



10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  The applicant served in seven campaigns, including:

* TET Counteroffensive, 30 January 1968 - 1 April 1968
* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968
* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968
* Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969
* TET 69 Counteroffensive, 23 February 1969 - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June 1969 - 31 October 1969
* Vietnam Winter-Spring 1970, 1 November 1969 - 30 April 1970

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet shows the units to which the applicant was assigned were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 July 1968 to 14 June 1969 by Department of the Army General Order Number 59, dated 1969; and twice for the period 15 December 1969 to 10 October 1970 by Department of the Army General Order Number 52, dated 1971.  The Department of the Army Pamphlet further states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

12.  Department of the Army Pamphlet 672-3 also shows the units to which the applicant was assigned were cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 17 July 1968 to 1 June 1969 by Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests two awards of the Purple Heart.  The applicant's name appears on the Vietnam Casualty Roster as having been wounded once on 23 June 1968.  There is justification for awarding one Purple Heart.



2.  The applicant was an outstanding Soldier with uniformly "excellent" conduct and efficiency marks.  In addition, he was promoted to specialist six in just 31 months of service.  He should be awarded the Army Good Conduct Medal.

3. The applicant served in Vietnam during seven campaigns during his time in Vietnam; he is entitled to seven service stars, represented by one silver service star and two bronze service stars, for wear on his Vietnam Service Medal.

4.  The units in which the applicant served were awarded three Republic of Vietnam Gallantry Cross with Palm Unit Citations and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These foreign unit awards should be added to his DD Form 214; however, by regulation only two of the three Republic of Vietnam Gallantry Cross with Palm Unit Citations may be reflected.

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:

* awarding him the Purple Heart for wounds received on 23 June 1968, and awarding him the Army Good Conduct Medal for exemplary service from 13 September 1967 to 25 April 1970

* adding the Purple Heart, Army Good Conduct Medal, one silver service star and two bronze service stars to his already-awarded Vietnam Service Medal, two Republic of Vietnam Gallantry Cross Unit Citations, and one Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214



2.  The Board further determined that the evidence presented was 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)                                         AR20100022721





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ABCMR Record of Proceedings (cont)                                         AR20100022721



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