BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20110001664 


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 award of a second and third Purple Heart.

2.  He states he was patient at Fort Ord Hospital for wounds received in Vietnam on 25 July 1969.  He was awarded the Purple Heart but he did not receive a second and a third Purple Heart for his other two wounds.  He received the Purple Heart for being wounded on 13 September 1969 [sic] (13 September 1968).  He did not receive orders for the Purple Heart for being wounded on
11 February 1969 and 25 July 1969.

3.  He provides:

* General Orders Number 7735, dated 2 October 1968
* Two Purple Heart certificates, dated 4 November 1968 and 22 March 1969
* His 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.  The applicant was inducted into the Army of the United States on 2 April 1968.  He completed training and was awarded military occupational specialty 11B (light weapons infantryman).  He served in Vietnam from 27 August 1968 to 28 July 1969.  He was assigned to C Troop, 1st Squadron, 1st Calvary.

3.  General Orders Number 7735, issued by Headquarters, Americal Division, dated 2 October 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 13 September 1968.  He provided a copy of the corresponding award certificate, dated 4 November 1968.

4.  His military record contains a Western Union telefax, dated 12 February 1969, wherein his parents were informed of his being slightly wounded in Vietnam on 11 February 1969 as a result of hostile action.  He was treated and returned to duty.

5.  General Orders Number 1456, issued by the same headquarters, dated
5 March 1969, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 11 February 1969.  He provided a copy of the corresponding award certificate, dated 22 March 1969.

6.  The applicant's record contains a DA Form 8-275-3 (Patient Clinical Record Cover Sheet), dated 27 July 1969, that shows he was admitted to the
91st Evacuation Hospital in Vietnam on 25 July 1969 as a result of being wounded in action.  He was diagnosed with open traumatic left knee anthrotomy and fracture of the left superior pole patella.  His injuries were the result of hostile action when a rocket-propelled grenade hit the applicant's tank at Quang Ngai, Vietnam, at approximately 1105 hours on 25 July 1969.  This form further shows the entry "No Purple Heart Awarded."

7.  On 28 July 1969, the applicant was transferred to the Medical Holding Company, U.S. Army Hospital, Camp Zama, Japan.  On 29 July 1969, he was further assigned to the Medical Holding Company, U.S. Army Hospital, Fort Ord, CA in a patient status.

8.  He was honorably released from active duty on 12 November 1969 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) with a separation program number (SPN) of 412 (enlisted member of medical holding detachments or units who, upon completion of hospitalization, do not intend to immediately enlist or reenlist in the Regular Army).  He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  There is no evidence of any disciplinary action during his period of active service.  There also is no evidence of a commander's disqualification for the first award of the Army Good Conduct Medal.

10.  Item 40 (Wounds) of his DA Form 20 shows the entry "fragment wound to right leg on 11 February 1969."

11.  Item 41 (Awards and Decorations) of his DA Form 20 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Purple Heart (pending 22 September 1968)
* Combat Infantryman Badge (1st Award)
* Purple Heart (11 February 1969)

12.  There are no orders in his military personnel record awarding him a third Purple Heart.

13.  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.

14.  Army Regulation 600-8-22 (Military Awards), 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 four campaigns:

* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69 Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

15.  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 his unit, 1st Squadron, 1st Cavalry, was cited for award of the Valorous Unit Award for the period 24 August through
25 September 1968 by Department of the Army General Orders (DAGO)
Number 53, dated 1970.

16.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was wounded on three separate occasions during his service in Vietnam.  General orders awarded him the Purple Heart for wounds received on 13 September 1968 and 11 February 1969.  However, an official medical document shows he was wounded in action as a result of hostile action on 25 July 1969 for a third time.  Therefore, he is entitled to award of an additional Purple Heart and correction of his DD Form 214 to show three awards of the Purple Heart.  The applicant states he did not receive orders for his second Purple Heart for being wounded on 11 February 1969; therefore, a copy of the respective orders will be provided with these Proceedings.

2.  The applicant appears to have met the criteria for the first award of the Army Good Conduct Medal; however, for unknown reasons he was not awarded this medal.  He received "excellent" conduct and efficiency ratings throughout his service and there is no evidence he was disqualified by his commander for this award.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

3.  His DA Form 20 shows he was awarded the Combat Infantryman Badge which is not shown on his DD Form 214.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

4.  He participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his Vietnam Service Medal.

5.  General orders awarded him the Valorous Unit Award which is not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show this unit award.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the applicant's period of service.  Therefore, he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and correction of his DD Form 214 to show this unit award.

BOARD VOTE:

____x__  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  deleting from item 24 of his DD Form 214 the Purple Heart and the Vietnam Service Medal;

	b.  awarding him the Purple Heart (3rd Award) for wounds received as a result of hostile action on 25 July 1969;

	c.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 April 1968 through 12 November 1969; and

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

* Purple Heart (3rd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110001664



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ABCMR Record of Proceedings (cont)                                         AR20110001664



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