BOARD DATE:	  15 December 2011

		DOCKET NUMBER:  AR20110010794 


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 the Purple Heart (3rd Award) and Air Medal (AM).

2.  He states he was awarded three Purple Hearts during his tour of duty in Vietnam; however, an administrative error may have occurred because only one Purple Heart is shown on his DD Form 214. 

3.  He provides:

* Various orders
* Award certificates and citations
* 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.  His records show he was inducted into the Army of the United States on 
17 January 1967.  After completion of training, he served in military occupational specialty 11B (Light Weapons Infantryman).

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

	a.  Item 31 (Foreign Service) he served in Vietnam from 14 December 1967 to 12 December 1968;

	b.  Item 38 (Record of Assignments) that he served in Vietnam with Company D, 1st Battalion (Airborne), 501st Infantry Regiment, 101st Airborne Division;

	c.  Item 40 (Wounds) no entries; 

	d.  Item 41 (Awards and Decorations) that he was awarded two Purple Hearts; and

	e.  Item 44 (Time Lost Under Section 972, Title 10, U.S. Code and Subsequent to Normal Date Expiration Term of Service) that he was absent without leave (AWOL) on 5 and 6 December 1967. 

4.  Western Union Telefax messages dated:

   a.  10 March 1968 show he received a fragment wound in his neck while engaged in a firefight with a hostile force on 28 February 1968. 

   b.  20 March 1968 show he received fragment wounds to his left leg and left hand when hit by fragments from a grenade on 14 March 1968 as a result of hostile action.  However, this document does not show his wounds occurred on two separate occasions.  

5.  The applicant provided the following orders:

   a.  Headquarters, 67th Evacuation Hospital, General Orders (GO) Number 82, dated 16 March 1968, which show he was awarded the Purple Heart
(3rd Award) for wounds received in action on 14 March 1968.

   b.  Headquarters, 101st Airborne Division, GO Number 250, dated 31 March 1968, which show he was awarded the Purple Heart as a result of wounds received in action on 18 February 1968. 
   c.  Headquarters, 101st Airborne Division, GO 439, dated 19 April 1968, which shows he was awarded the Purple Heart for wounds received in action on 
14 March 1968.  

6.  His record contains Special Orders Number 71, dated 11 March 1968.  This order shows he was awarded the Combat Infantryman Badge (CIB). 

7.  The applicant also provides a copy of GO Number 11347, dated 30 December 1968, which shows he was awarded the AM for action on 22 October 1968.

8.  On 12 December 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve (Annual Training) for completion of his Reserve service obligation.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the following awards:

* Silver Star
* Bronze Star Medal with "V" Device
* Purple Heart 
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal (VSM)  
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Parachutist Badge

9.  His name appears on the Vietnam casualty roster as being wounded on 
28 February 1968 and 14 March 1968. 

10.  A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214.

11.  His record is void of documentation showing he was recommended for or awarded the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military career.  His record is void of any derogatory information other than his
2 days of AWOL that could serve to disqualify him for this award.

12.  Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was 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 and no convictions by a court-martial.
13.  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 during the period of his assignment with Company D, 1st Battalion (Airborne), 501st Infantry Regiment, 101st Airborne Division his unit was awarded two awards of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 21 (1969) and Number 43 (1970), and one award of the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48 (1971). 

14.  Department of the Army Pamphlet 672-3 also lists campaign periods for the Vietnam era.  Five designated campaigns coincide with his period of service in Vietnam:

* Vietnam Counteroffensive, Phase III, 1 June 1967 - 29 January 1968
* TET Counteroffensive, 30 January 1968 - 1 April 1968 
* Vietnam Counteroffensive, Phase IV, 2 April 1968 - 30 June 1968 
* Vietnam Counteroffensive, Phase V, 1 July 1968 - 1 November 1968 
* Vietnam Counteroffensive, Phase VI, 2 November 1968 - 22 February 1969

15.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

16.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show he was awarded three Purple Hearts was carefully considered.  The evidence of record shows he was awarded the first Purple Heart for injuries he sustained as a result of hostile action on 18 February 1968.  His DD Form 214 correctly shows this award.

2.  A Western Union message shows he received wounds to the neck as a result of hostile action on 28 February 1968, and he indicates hew as awarded the Purple Heart for these wounds.  As a result, he is entitled to have the Purple Heart (2nd Award) added to his DD Form 214.  

3.  He was awarded the Purple Heart (3rd Award) by Headquarters, 67th Evacuation Hospital, GO Number 82, for injuries he received on 14 March 1968 and the Purple Heart from Headquarters, 101st Airborne Division, GO Number 439 for injuries he received on 14 March 1968.  It appears these orders were for the same injuries.  As a result, he is entitled to have this award added to his     DD Form 214. 

4.  General orders awarded him the AM which is not listed on his DD Form 214.  Therefore, he is entitled to have this award added to his discharge document. 

5.  General orders also awarded the applicant the CIB and this badge is not shown on his discharge document.  As a result, he is entitled to have his 
DD Form 214 corrected by adding this award. 

6.  The evidence of record confirms he served honorably during the period 
17 January 1967 through 12 December 1968.  Although his record shows he was AWOL for a 2-day period, there is no evidence in the available record to show he was disqualified for the AGCM due to being AWOL or any other reason.  His record shows he received all "excellent" conduct and efficiency ratings throughout his military service.  Based on his overall record of service, it would be appropriate to award him the first award of the AGCM and to correct his records to reflect this award.

7.  General orders awarded his unit the RVN Civil Actions Honor Medal First Class Unit Citation and two awards of the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show these unit awards.

8.  He was previously awarded the VSM.  He participated in five campaigns.  Therefore, he is entitled to wear one silver service star on his VSM.

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 17 January 1967 through 12 December 1968;

b.  deleting the Purple Heart and VSM from his DD Form 214; and 

c.  adding the following to his DD Form 214:

* Purple Heart (3rd Award)
* AGCM (1st Award)
* AM 
* CIB
* RVN Civil Actions Honor Medal First Class Unit Citation
* Two awards of the RVN Gallantry Cross with Palm Unit Citation 
* VSM with one silver service star




      _______ _   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)                                         AR20110010794



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ABCMR Record of Proceedings (cont)                                         AR20110010794



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