IN THE CASE OF:	  

		BOARD DATE:	  16 August 2011

		DOCKET NUMBER:  AR20110000283 


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 a second award of the Purple Heart and the Republic of Vietnam (RVN) Gallantry Cross with Silver Star.

2.  The applicant states both of these awards were left off of his DD Form 214.

3.  The applicant provides:

* two certificates awarding him the Purple Heart for wounds received in action on 25 and 26 March 1968
* general orders and certificate awarding him the Bronze Star Medal with "V" Device
* documentation awarding him and authorizing him to accept and wear the RVN Gallantry Cross with Silver Star

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 6 September 1967, the applicant was inducted into the Army of the United States.  He completed his initial training and he was awarded military occupational specialty (MOS) 13A (Field Artillery).

3.  Special Orders Number 283, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, dated 19 October 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Special Orders Number 15, issued by Headquarters, U.S. Army Training Center, Field Artillery, Fort Sill, OK, dated 17 January 1968, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  On 20 January 1968, the applicant departed Fort Sill for duty in the RVN.

	a.  He was assigned to the 6th Battalion, 29th Artillery Regiment, 4th Infantry Division, on 24 February 1968.

	b.  General Orders Number 101, issued by Headquarters, 67th Evacuation Hospital, dated 27 March 1968, awarded him the Purple Heart for wounds received in action on 25 March 1968.

	c.  On 18 April 1968, he was assigned to the Medical Holding Detachment, Camp Zama, Japan in a patient status.

6.  On 1 May 1968, the applicant was assigned to Letterman General Hospital, San Francisco, CA in a patient status.

7.  General Orders Number 2577, issued by Headquarters, 4th Infantry Division, dated 16 June 1968, awarded him the Bronze Star Medal with "V" Device for heroism in connection with military operations against an armed hostile force in the RVN on 26 March 1968.  The citation states that he had been wounded twice by exploding grenades thrown into the bunker's doorway.  He emerged from the bunker to regain control of the howitzer and hold off the enemy force thereby averting the loss of many lives.


8.  On 24 June 1968, the applicant was released from the hospital.  He subsequently was assigned for duty at Fort Carson, CO.

9.  General Order 158, RVN, issued by order of the Chief of Joint Staff of the RVN, dated 30 September 1968, awarded him the RVN Gallantry Cross with Silver Star for his high moral standard service on 26 March 1968 when his battalion was shelled and attacked by the North Vietnamese Army.  He courageously fought until his friendly unit destroyed the enemy target.

10.  Special Orders Number 318, issued by Headquarters, 5th Infantry Division, Fort Carson, CO, dated 13 November 1968, awarded him the 1st Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Grenade Bar.

11.  In a letter issued by Department of the Army, The Office of the Adjutant General, Washington, D.C., dated 20 January 1969, The Adjutant General authorized the applicant to accept and wear the RVN Gallantry Cross with Silver Star.

12.  On 5 September 1969, the applicant was honorably released from active duty at the expiration of his term of service.  He attained the rank/grade of specialist four (SP4)/E-4 and he completed 2 years of total active service.

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

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device (1960)

14.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed once as a casualty, on
26 March 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

15.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) contains the entry "FG WG (B) LEGS (R) HAND, 25 MAR 68," which indicates he received fragment wounds to both legs and his right hand on
25 March 1968.


16.  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 the Purple Heart pertaining to the applicant.

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

18.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  His record does not contain any evidence of any disciplinary action or a commander's disqualification for the Army Good Conduct Medal.

19.  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.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

20.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)

21.  Army Regulation 600-200 (Enlisted Personnel Management),
paragraph 9-53, in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment 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.

22.  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 6th Battalion, 29th Artillery, the unit to which the applicant was assigned, was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period 1 October 1966 through 31 October 1969 by Department of the Army General Order (DAGO) 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period       1 October 1966 through 31 October 1969 by DAGO 53, dated 1970

23.  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.

24.  The applicant provides two Purple Heart certificates.  One certificate, dated 27 March 1968, shows he was awarded a Purple Heart for wounds received in action in the RVN on 25 March 1968.  The other certificate, dated 20 June 1968, shows he received a Purple Heart for wounds received in action on 26 March 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Purple Heart and the RVN Gallantry Cross with Silver Star.

2.  The evidence suggests that the applicant may have been wounded on both 25 and 26 March 1968.  However, a preponderance of the evidence makes it more likely he was wounded only on the 26 March 1968 and that the entries referring to the 25th are simply errors resulting from miscommunication or misunderstanding.

3.  Should the applicant have or be able to obtain additional documentation that clearly shows he was wounded on two separate days, or in two separate fire fights on the same day and he received medical treatment for his wounds, he may submit another application for consideration.  Based on the available records, there is insufficient evidence in which to correct his DD Form 214 to show two awards of the Purple Heart.

4.  The available evidence shows the applicant was awarded the RVN Gallantry Cross with Silver Star and that he was subsequently granted authorization to accept and wear this foreign award.  Therefore, his DD Form 214 should be corrected to show this foreign award.

5.  General orders awarded the applicant the Bronze Star Medal with "V" Device.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant’s record shows that he distinguished himself in the performance of his military service as evidenced by his attaining the rank/grade of SP4/E-4, receiving multiple awards for heroism and meritorious service, and achieving "excellent" conduct and efficiency ratings.  Therefore, it is presumed that his not receiving the Army Good Conduct Medal for his service was due to an administrative an oversight.  Therefore, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

7.  Records show that the applicant participated in two campaign phases during his service in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his
DD Form 214 to show these bronze service stars.

8.  Records show the applicant's unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these foreign unit awards.

9.  Special Orders show that the applicant was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-14); Sharpshooter Marksmanship Qualification Badge with Grenade Bar; and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his
DD Form 214 should be corrected to show these marksmanship badges.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
6 September 1967 through 5 September 1969;

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

* Bronze Star Medal with "V" Device
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Silver Star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

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 a second 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)                                         AR20110000283



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ABCMR Record of Proceedings (cont)                                         AR20110000283



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