IN THE CASE OF:	  

		BOARD DATE:  22 February 2012

		DOCKET NUMBER:  AR20110016546 


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 his correct social security number
* correction of his DD Form 214 to show two awards of the Purple Heart
* correction to the service number shown on his Purple Heart certificate

2.  The applicant states that at the time of his discharge he did not understand the English language well and: 

* his SSN is not correct on his DD Form 214
* his second award of the Purple Heart is missing
* prior to the date of issuance of the Purple Heart on 24 November 1967, he had also been wounded on or about June 1967 in the right leg
* he should also have been awarded a Purple Heart for wounds in the right side of his chest during combat actions
* his Purple Heart certificate, dated 10 January 1968, has the wrong service number, the first four digits are incorrect and should read "5018" and not "5212"

3.  He provides:

* social security card
* Purple Heart certificate, dated 10 January 1968
* 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.  With respect to the issue of the SSN on his DD Form 214, the applicant was issued a DD Form 215 (Correction to DD Form 214 - Armed Forces of the United States Report of Transfer or Discharge) on 14 June 1968 which corrected his SSN.  He was provided with a copy of this form by separate correspondence.  As a result, this issue will not be discussed further in this Record of Proceedings.

3.  The applicant's military records show he was inducted into the Army of the United States on 22 June 1960.  His DD Form 47 (Record of Induction) listed his Service Number as "US5018XXXX" (the numbers 5018 in the first four digits).

4.  He was mostly identified throughout his period of military service with this Service Number.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

5.  He served in Vietnam from 17 December 1966 to through 16 December 1967, during two campaigns.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company B, 4th Battalion, 31st Infantry.  However, this form shows he was assigned to a medical hospital in Hawaii in a patient status from 23 May 1967 to 6 June 1967.  He returned to Vietnam on or around 7 June 1967.  His records do not show the reason for his patient status.

6.  Item 40 (Wounds) of his DA Form 20 shows the entry of "fragment wound to right cheek and right foot on 16 May 1967" lined through.  

7.  General Orders Number 1666 issued by Headquarters, Americal Division, on 23 December 1967, awarded him the Purple Heart for wounds received in action in Vietnam on 24 November 1967.
8.  The orders listed his Service Number as "US5212XXXX" (the numbers 5212 in the first four digits).  He provided a copy of the resulting certificate for the Purple Heart which shows the same service number as the orders.

9.  He was honorably released from active duty in pay grade E-4 on 14 June 1968 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  Item 24 of his DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar 

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

11.  Item 41 (Awards and Decorations) of this form does not list the Purple Heart or Purple Heart (2nd Award).

12.  There are no orders in his military personnel records that show he was awarded a second Purple Heart.  His medical records are not available for review with this case.  

13.  The Vietnam casualty roster shows he was wounded on 24 November 1967 and the casualty status code was "24."  This code indicates the status "hostile, wounded in action, not serious, not hospitalized."  There are no other entries for him on the roster.

14.  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 any orders for a second award of the Purple Heart to the applicant.

15.  Army Regulation 600-8-22 (Military Awards) specifies the Purple Heart is awarded for a wound sustained 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.  A Purple Heart is authorized for the first wound suffered under the above conditions, but for each subsequent award an Oak Leaf Cluster will be awarded.  

16.  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 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.

17.  Army Regulation 600-8-22 further authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states authorized bronze service stars will be worn on the appropriate service medal, in this case the Vietnam Service Medal.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, 4th Battalion, 31st Infantry, was cited for the Valorous Unit Award for the period 15 November 1967 - 3 February 1968 by Department of Army General Orders Number 5, dated 1969.

19.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, to all personnel assigned to the United States Army Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Purple Heart for wounds received in action on 24 November 1967 in Vietnam.  Therefore, he is entitled to correction to his DD Form 214 to show this award.

2.  The orders and certificate for the Purple Heart show the first four digits of his service number as "52-12."  The evidence of record shows the first four digits of his service number as "50-18."  Therefore, he is entitled to have his Purple Heart orders and certificate corrected to show the first four digits of his service number as "50-18."

3.  The evidence of record shows he 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.  There is no evidence of record which shows he was disqualified by his commander for this medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 22 June 1966 through 14 June 1968 and its addition to his DD Form 214.
4.  The evidence of record also confirms he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to two bronze service stars to be affixed to his Vietnam Service Medal.

5.  General orders awarded his unit the Valorous Unit Award for his period of service in Vietnam.  General orders also entitled him to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, it would be appropriate to correct his DD Form 214 to show these unit awards.

6.  His claim of entitlement to award of a second Purple Heart was carefully considered.  However, by regulation, in order to support award of a second Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

7.  The evidence of record does not confirm and contains no orders or other documents confirming he was wounded or injured as a result of hostile action in May 1967.  The entry made on his service personnel records pertaining to that date had been marked through.  His name is only listed on the Vietnam casualty list as being wounded on 24 November 1967 to which he was awarded the Purple Heart.  

8.  Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of a second Purple Heart has not been satisfied in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* correcting the applicant's Purple Heart orders and certificate to reflect the Army service number as show on his DD Form 214
* awarding him the Army Good Conduct Medal (First Award) for the period 22 June 1966 through 14 June 1968
* deleting from Item 24 of his DD Form 214 the entry, Vietnam Service Medal
* adding the following awards to Item 24 on his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Valorous Unit Award
* Republic of Vietnam 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 award of a second Purple Heart and its addition to his DD Form 214.



      _______ _   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)                                         AR20110016546



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ABCMR Record of Proceedings (cont)                                         AR20110016546



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