IN THE CASE OF:	  

		BOARD DATE:	    12 April 2012

		DOCKET NUMBER:  AR20110020358 


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 two Purple Hearts.

2.  The applicant states he is missing two Purple Hearts from his DD Form 214.

3.  The applicant provides a claim check for a Purple Heart.

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 July 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He was assigned to the Republic of Vietnam (RVN) on 26 November 1968 and he was further assigned to Company C, 1st Battalion, 27th Infantry, 25th Infantry Division, on or about 7 December 1968.

3.  His record contains a DD Form 1380 (U.S. Field Medical Card) which shows he received a fragment wound to his right hand on 19 August 1969 during a reconnaissance in force mission.  His wound was cleaned and dressed by the Forward Aid Station and he was returned to duty.

4.  His DD Form 214 shows that he returned to the United States on or about
27 November 1969.  He was honorably released from active duty on 1 July 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 2 years of creditable active service.

5.  His DD Form 214 also shows the:

* National Defense Service Medal
* Overseas Service Bar (2)
* Combat Infantryman Badge
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Air Medal
* Bronze Star Medal
* Army Commendation Medal with "V" Device
* Sharpshooter Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16)

6.  The applicant provides a Customs Declaration ticket for one Purple Heart, date stamped 15 May 1969.

7.  His name does not appear on the Vietnam Casualty Roster.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 award of the Purple Heart pertaining to the applicant.



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 derogatory information in his file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.

10.  Army Regulation 672-5-1 (Decorations and 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 the 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.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 1st Battalion, 27th Infantry, 25th Infantry Division, his unit was cited for awards of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for service from 1 September 1968 to 30 September 1970 based on Department of Army General Orders (DAGO) Number 5, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 1 January 1966 to 21 January 1970 based on DAGO Number 51, dated 1971

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that during his service in Vietnam participation credit was awarded for the following campaigns.  A bronze service star is awarded for wear on the Vietnam Service Medal for participation in each campaign.

* Vietnam Counteroffensive Phase VI – 2 November 1968-22 February 1969
* Tet 69 Counteroffensive- 23 February 1969-8 June 1969
* Vietnam Summer-Fall 1969 – 9 June 1969-31 October 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of two Purple Hearts.

2.  The evidence of record clearly shows the applicant was wounded as a result of hostile action on 19 August 1969.  His wound required treatment by medical personnel, and the medical treatment was made a matter of official record.  However, his record is void of documentation that would confirm a second combat wound.  Based on the available evidence his DD Form 214 should be corrected to show award of one Purple Heart.

3.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  He participated in three campaign phases during his service in RVN.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

5.  The evidence shows he completed 2 years of honorable active service during which he received all "excellent" conduct and efficiency ratings.  There is also no evidence of any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  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.

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:

	a.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars; 

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
2 July 1968 through 1 July 1970; and



	c.  adding to his DD Form 214 the:

* Purple Heart 
* Army Good Conduct Medal (1st Award) 
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class 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 the award of 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)                                         AR20110020358



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ABCMR Record of Proceedings (cont)                                         AR20110020358



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