IN THE CASE OF:	  

		BOARD DATE:	    5 April 2011

		DOCKET NUMBER:  AR20100024245 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received three awards of the Purple Heart (PH).

2.  He states his DD Form 214 shows he received one PH when in fact he received three for wounds he received on 2, 11, and 12 September 1968.

3.  He provides copies of:

* his DD Form 214
* three PH Certificates
* a memorandum from the Naval Hospital, St. Albans, NY, informing him he had been awarded the PH with two Oak Leaf Clusters

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.  On 7 February 1968, the applicant was inducted into the Army of the United States.  On 21 March 1969, he was honorably retired and placed on the Temporary Disability Retired List (TDRL).  On 1 August 1970, he was removed from the TDRL and placed on the Retired List for permanent disability.  He completed 1 year, 1 month, and 15 days of total active service.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service) he served in Vietnam from 12 July through
4 October 1968
* item 38 (Record of Assignments) he was assigned to Company A, 1st Battalion (Mechanized), 5th Infantry, from 20 July to 15 September 1968
* item 38 he received "excellent" and "unknown" conduct and efficiency ratings
* item 40 (Wounds) he received a wound to his back on 2 September 1968 and a wound to his right elbow on 14 September 1968
* item 41 (Awards and Decorations) he was authorized the:

* National Defense Service Medal (NDSM)
* Marksman Marksmanship Qualification Badge (M-14 Rifle)
* Marksman Marksmanship Qualification Badge (M-16 Rifle)
* Marksman Marksmanship Qualification Badge (M-60 Machinegun) 
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* PH
* Republic of Vietnam Campaign Medal with Device (1960) (VCM)

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was authorized the:

* NDSM
* VSM
* CIB
* PH
* VCM

5.  General Orders Number 6231, issued by Headquarters, 25th Infantry Division, on 5 September 1968, announced award of the PH to him for wounds he received on 2 September 1968.

6.  General Orders Number 188, issued by Headquarters, 24th Evacuation Hospital, on 13 September 1968, announced award of the PH to him for wounds he received on 12 September 1968.

7.  His record includes a memorandum, dated 7 January 1969, to him from the Commanding Officer, Naval Hospital, St. Albans, NY, informing him he had been awarded the PH with two oak leaf clusters for wounds he received on 2, 11, and 12 September 1968.

8.  The PH Certificates he provides also show he was wounded on 2, 11, and 12 September 1968.  

9.  Army Regulation 600-8-22 (Military Awards) states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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

11.  The record is void of documentation showing he was the subject of disciplinary action during his military service.

12.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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.  Ratings of "Unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.

13.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  His service in Vietnam coincides with one campaign:  Vietnam Counteroffensive Phase V (1 July - 1 November 1968).

14.  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 1st Battalion, 5th Infantry was cited for the following awards for periods during which the applicant was assigned to the unit:

* Presidential Unit Citation (PUC) for the period 18 August to 20 September 1968, by Department of the Army General Order (DAGO) Number 82, dated 1969
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period January 1966 to August 1968, by DAGO 48, dated 1971 
* RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970, by DAGO 5, dated 1973
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 to 21 January 1970, by DAGO 51, dated 1971, as amended by DAGO 9, dated 1979

15.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214.  The version in effect at the time stated to enter all decorations, service medals, campaign credits, and badges awarded or authorized in item 24.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was wounded on three separate occasions during his service in Vietnam and he was awarded the PH with two Oak Leaf Clusters.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  He served honorably during the period 7 February 1968 to 21 March 1969 and received "excellent" and "unknown" conduct and efficiency ratings.  He was not the subject of any disciplinary actions during his period of military service.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of Federal military service.  He is entitled to correction of his DD Form 214 to show this medal.

3.  He qualified as a marksman with the M-1 and M-16 rifles and the M-60 machinegun.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded the Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars.

4.  He was awarded the VSM and his records show he participated in one campaign while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show one bronze service star for wear on the previously-awarded VSM.

5.  He served in a unit during periods for which it was awarded the Presidential Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (twice).  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

____X____  __X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  awarding him the AGCM (1st Award) for the period 7 February 1968 to 21 March 1969; 

	b.  deleting the PH and VSM from item 24 of his DD Form 214; and

	c.  adding to item 24 of his DD Form 214 the:

* PH with two Oak Leaf Clusters
* AGCM (1st Award)
* VSM with one bronze service star
* PUC
* RVN Gallantry Cross with Palm Unit Citation (2 Awards)
* RVN 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)                                         AR20100024245



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ABCMR Record of Proceedings (cont)                                         AR20100024245



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