IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110009335 


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 records to show two awards of the Purple Heart and any other awards he is authorized.

2.  The applicant states he was wounded in action in the Republic of Vietnam (RVN) on 16 September 1968 and 23 February 1969; however, his separation document shows only one award of the Purple Heart.

3.  The applicant provides copies of two Purple Heart award certificates and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 U.S. Army on 11 December 1967.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 29 (Qualification in Arms) he qualified:

* Sharpshooter with the M-14 Rifle on 31 January 1968
* Expert with the M-60 Machinegun on 25 March 1968
* Marksman with the M-16 Rifle on 4 April 1968

	b.  item 31 (Foreign Service):  Vietnam from 21 May 1968 through 20 May 1969;

   c.  item 38 (Record of Assignments) he was assigned to:

	    (1)  Company A, 2nd Battalion, 7th Cavalry, 1st Air Cavalry Division (Airmobile), from 22 May through 5 September 1968;

       (2)  Company C, 2nd Battalion, 7th Cavalry, 1st Air Cavalry Division (Airmobile), from 6 September 1968 through 5 January 1969;

       (3)  Company D, 58th Infantry and attached to Headquarters and Headquarters Detachment, 93rd Military Police Battalion, from 6 January through 19 May 1969; and

       (4)  he received "excellent" conduct and efficiency ratings throughout his service;

	d.  item 39 (Campaigns):  Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and an [as then] unnamed campaign;

   e.  item 40 (Wounds):  fragment wound, penis and left leg, 16 September 1968; and

	f.  item 41 (Awards and Decorations):  National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Purple Heart, and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

4.  U.S. Army Vietnam, message, date-time-group 180216Z September 1968, reported the applicant sustained fragment wounds while on a search and clear mission in the RVN, on 16 September 1968, when he was hit by fragments from a hostile booby trap.
5.  Headquarters, 93rd Military Police Battalion, General Orders Number 5, dated 24 February 1969, awarded the applicant the Purple Heart for wounds received in action in the RVN on 23 February 1969.

6.  A DD Form 214 shows the applicant entered active duty on 11 December 1967, was honorably released from active duty on 10 December 1969, and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  He completed 2 years of net active service this period.  It shows in:

   a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized):  National Defense Service Medal, Vietnam Service Medal with 2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and Purple Heart; and

   b.  item 26a (Non-Pay Periods Time Lost):  "None."

7.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed once as a casualty, on
16 September 1968, under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between
1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders for a second award of the Purple Heart pertaining to the applicant for wounds sustained on 16 September 1968.

9.  In support of his application, the applicant provides two DA Forms 4980-10 (Purple Heart Certificates), dated 21 September 1968 and 24 February 1969, that show the applicant was awarded the Purple Heart for wounds received in action in the RVN on 16 September 1968 and also on 23 February 1969.

10.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

11.  Special orders (SO) issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, show the applicant was awarded the:

* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar by
SO Number 031, dated 5 February 1968
* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar by SO Number 086, dated 4 April 1968

12.  The applicant's DA Form 20 shows he qualified for and was awarded the Vietnam Service Medal and his DD Form 214 shows he was awarded 2 bronze service stars to signify campaign participation credit in two campaigns.

   a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance for the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

   b.  Table B-1 of Army Regulation 600-8-22 contains a list of Vietnam Conflict campaigns and shows that during the applicant's service in Vietnam, participation credit was awarded for the following four campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that at the time of the applicant's assignment to: 

   a.  Company A, 2nd Battalion, 7th Cavalry, 1st Air Cavalry Division (Airmobile), the company was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 59 (1969), as amended by DAGO Number 70 (1969);

   b.  Company C, 2nd Battalion, 7th Cavalry, 1st Air Cavalry Division (Airmobile), the battalion was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO Number 42 (1972).

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

15.  Army Regulation 600-8-22 provides the policy, criteria, and administrative instructions concerning military awards and decorations.  It states the Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is an injury to any part of the body from an outside force or agent sustained as a result of hostile action.  In order to support awarding a service member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel.  This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record at the time.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 24:  list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show two awards of the Purple Heart and all other awards he is authorized.

2.  Records show the applicant was wounded in action in the RVN on two separate occasions, on 16 September 1968 and on 23 February 1969.  In addition, general orders awarded the applicant the Purple Heart for the wounds he received in action on 23 February 1969.  Thus, it would be appropriate to correct his DD Form 214 to show two awards of the Purple Heart. 

3.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 11 December 1967 to
10 December 1969.

   a.  He received "excellent" conduct and efficiency ratings during his service.

   b.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

   c.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

4.  Records show the applicant participated in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  Special orders awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar and Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.  In addition, records show he qualified Marksman with the M-16 Rifle.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations as recommended below.

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 Army Good Conduct Medal (1st Award) for the period
11 December 1967 through 10 December 1969;

   b.  deleting all of the awards from item 24 of his DD Form 214; and
   
   c.  adding to item 24 of his DD Form 214 the:

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 4 bronze service stars
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam 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)                                         AR20110009335



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ABCMR Record of Proceedings (cont)                                         AR20110009335



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