IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100025322 


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 a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster).

2.  The applicant states:

* Only one award of the Purple Heart is shown on his DD Form 214 (Report of Transfer or Discharge)
* Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded twice
* The first award of the Purple Heart is for shrapnel wounds (left eye and abrasions) received on 3 June 1969 when his vehicle went over a landmine and the second award of the Purple Heart is for a fragment wound (left arm) received on 12 August 1969 

3.  The applicant provides:

* DA Form 20
* Standard Form 89 (Report of Medical History)
* Clinical Record Cover Sheet
* DD Form 214  





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.  He was inducted into the Army of the United States on 26 September 1968.  He arrived in Vietnam on 18 March 1969.  He served as a light weapons infantryman assigned to Company C, 5th Battalion, 12th Infantry in Vietnam from 31 March 1969 to 21 August 1969.  He was assigned to Headquarters and Headquarters Company (HHC), 199th Infantry Brigade in Vietnam from 
22 August 1969 to 12 March 1970.  On 25 September 1970, he was released from active duty in the rank of sergeant after completing 2 years of creditable active service with no time lost.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Army Commendation Medal with "V" Device, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal, Combat Infantryman Badge, Purple Heart, Army Commendation Medal with Second Oak Leaf Cluster, two Overseas Service Bars, Expert Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar as authorized awards.

4.  Item 40 of his DA Form 20 shows he was wounded on 3 June 1969 (trauma to his back and head) and on 12 August 1969 (fragment wound to his left arm).

5.  Headquarters, 3d Field Hospital General Orders Number 154, dated 3 June 1969, show he received the Purple Heart for wounds received in action on 
2 June 1969 in Vietnam. 


6.  A Western Union telegram, dated 6 June 1969, shows he was slightly wounded in action on 2 June 1969 while a passenger on a military vehicle on a combat operation when the vehicle detonated a mine.  He received contusions to his back and head. 

7.  He provided a Clinical Record Cover Sheet, dated 8 June 1969, which shows he was injured (abrasion of left eye and back) on 2 June 1969 when his track hit a mine.  This form states the Purple Heart was awarded on 3 June 1969.

8.  There are no orders in the available records which show he received a second award of the Purple Heart.  However, a Western Union telegram, dated 13 August 1969, shows he was slightly wounded in action in Vietnam on 
12 August 1969 by a fragment while on a combat operation when a hostile force was encountered.  He received a wound to the left arm.

9.  The Vietnam casualty roster shows he was wounded on 2 June 1969 and on 12 August 1969. 

10.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

11.  Records show he participated in three campaigns during his assignment in Vietnam.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the applicant's unit, 5th Battalion, 12th Infantry, at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by Department of the Army General Orders (DAGO) Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971






13.  Department of the Army Pamphlet 672-3 shows the applicant's unit, HHC, 199th Infantry Brigade, at the time of his assignment was also awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 June 1968 to 31 July 1970 by DAGO Number 51, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 51, dated 1971

14.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for 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 medical personnel, and the medical treatment must have been made a matter of official record.  The regulation also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that 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 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

17.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal, including the Vietnam Service Medal.







DISCUSSION AND CONCLUSIONS:

1.  Although he contends he was awarded the Purple Heart for wounds (left eye/head and back) received in action on 3 June 1969 when his vehicle went over a landmine and the entry in item 40 of his DA Form 20 also shows he was wounded on 3 June 1969, orders show he received the Purple Heart for wounds received in action on 2 June 1969.  In addition, the preponderance of evidence shows he was wounded in action on 2 June 1969 when his vehicle detonated a mine and he received contusions to his back and head. 

2.  His DD Form 214 shows one award of the Purple Heart.  However, evidence shows he sustained a fragment wound to his left arm on 12 August 1969 as a result of hostile action in Vietnam.  Therefore, the Western Union telegram and entry on the Vietnam casualty roster are accepted as sufficient evidence on which to base a second award of the Purple Heart.  In addition, his DD Form 214 should be corrected to show the Purple Heart with First Oak Leaf Cluster.

3.  He was released from active duty in the rank of sergeant with 2 years of creditable active service with no time lost.  His records also show he received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary action or a commander's disqualification.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 26 September 1968 through 25 September 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  His DD Form 214 should be corrected to show this award.

4.  He participated in three campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with three bronze service stars.  His DD Form 214 should be corrected to show this award.
 
5.  His units were cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is 
entitled to wear only one of these awards, his DD Form 214 should be corrected to show these unit awards.

6.  His units were cited for two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  Therefore, his DD Form 214 should be corrected 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 Purple Heart with First Oak Leaf Cluster for wounds received in action on 12 August 1969 in Vietnam;

	b.  awarding him the Good Conduct Medal (1st Award) for the period 
26 September 1968 through 25 September 1970; 

	c.  deleting the entry "PURPLE HEART MEDAL" from item 24 of his DD Form 214; and

	d.  adding the Purple Heart with First Oak Leaf Cluster, Good Conduct Medal (1st Award), two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.




      _______ _   _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)                                         AR20100025322



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100025322



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1