IN THE CASE OF:	  

		BOARD DATE:  31 January 2012

		DOCKET NUMBER:  AR20110014794 


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, in effect, award of two Purple Hearts.   

2.  He states he missed two weeks of basic combat training due to a back injury, and while serving in Vietnam he was wounded in combat; however, it was deemed to be an accident.  He contends his Congressman said he should have received two awards of the Purple Heart. 

3.  He did not provide any additional documentation.  

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 enlisted in the Regular Army on 30 June 1967.  After completion of training, he served in military occupational specialty 36C (Lineman).  

3.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to the 578th Signal Company, 41st Signal Battalion from 22 December 1967 through 
9 December 1968.

4.  His record contains a copy of General Orders Number 22, dated 21 February 1968.  This order shows he was awarded the Purple Heart (First Award) for wounds received in action on 18 February 1968. 

5.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on 8 April 1970 and was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 2 years, 9 months, and 9 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this form shows he was awarded the:

* National Defense Service Medal 
* Vietnam Service Medal with one silver service star
* Republic of Vietnam (RVN) Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

6.  His name does not appear on the Vietnam casualty roster. 

7.  His record is void of documentation showing he was recommended for or awarded the first award of the Army Good Conduct Medal (AGCM).  Item 38 of his DA Form 20 shows he received ratings of “excellent” in conduct and efficiency throughout his career.  

8.  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.

9.  Department of the Army General Orders Number 8, dated 1974, announced   award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 
8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.
10.  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 pamphlet shows the 578th Signal Company was awarded the Meritorious Unit Commendation (MUC) for the period 1 October 1967 through
31 August 1968.

11.  Army Regulation 600-8-22 (Military Awards) states that 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded him the Purple Heart (First Award).  As a result, he is authorized to add this award to item 24 of his DD Form 214. 

2.  He contends his Congressman stated he should have received two Purple Hearts for his injuries.  Regulatory guidance states evidence must be provided to show that wounds received were the result of hostile action, the wounds required medical treatment, and the medical treatment must have been made a matter of official record.  

3.  His record is absent of evidence and he has not provided sufficient evidence to show he was wounded a second time as a result of hostile action.  Injuries received during basic combat training do not meet the criteria for award of the Purple Heart.  As such, he is not entitled to a second award of the Purple Heart. 

4.  The evidence of record confirms he served honorably during the period 
30 June 1967 through 8 April 1970.  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.

5.  During his tour of duty in Vietnam, the 578th Signal Company was awarded the MUC and the RVN Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show these unit awards.





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.  awarding him the AGCM (First Award) for the period 30 June 1967 through 8 April 1970; and
   
   b.  adding to item 24 of his DD Form 214 the:

* Purple Heart
* AGCM (First Award)
* MUC
* RVN Gallantry Cross with Palm Unit Citation

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 awarding him 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)                                         AR20110014794





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ABCMR Record of Proceedings (cont)                                         AR20110014794



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