BOARD DATE:	  15 May 2012

		DOCKET NUMBER:  AR20110022157 


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 reflect two awards of the Purple Heart.

2.  The applicant states he was issued two Purple Hearts that are not reflected on his DD Form 214.

3.  The applicant provides a copy of 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.  The applicant was inducted into the Army of the United States in Buffalo, New York on 4 October 1966.  He completed one station unit training as an infantry indirect fire crewman at Fort Hood, Texas and remained at Fort Hood for his first assignment.

3.  On 4 October 1967, he was transferred to Vietnam and he served with Company A, 1st Battalion, 46th Infantry Regiment, 196th Light Infantry Brigade.

4.  On 6 February 1968, he sustained fragmentation wounds to the arm and was awarded the Purple Heart in General Orders Number 1291 issued by Headquarters, Americal Division.

5.  He served in four campaigns before he departed Vietnam on 20 September 1968 and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) on 23 September 1968 as an overseas returnee.  He had served 1 year, 11 months, and 20 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal (VSM), Vietnam Campaign Medal, Army Commendation Medal, One Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle).

6.  A review of the applicant's official records failed to show he was awarded a second Purple Heart or that he was wounded/injured twice.  Additionally, the Vietnam Casualty Listing only shows he was wounded on 6 February 1968.

7.  His records also show that he had excellent conduct and efficiency ratings throughout his service and his record does not contain any significant derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM 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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  

11.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.
  
DISCUSSION AND CONCLUSIONS:

1.  While the sincerity of the applicant's claim that he was awarded a second Purple Heart is not in doubt, the evidence contained in his official records only show he was wounded once and awarded one Purple Heart.  Therefore, only one award of the Purple Heart should be added to his DD Form 214.

2.  A review of the applicant's records show he had "excellent" conduct and efficiency ratings throughout his period of service and his records contain no derogatory information that would serve to disqualify him for the AGCM (1st Award).  Therefore, it appears that the failure to award him this medal was the result of an administrative error.  Accordingly, he should be awarded the AGCM (1st Award) for the period 4 October 1966 to 23 September 1968 and his DD Form 214 should be corrected to show this medal.

3.  The applicant served in four campaigns while in Vietnam and thus he should be awarded four bronze service stars for wear on his already-awarded Vietnam Service Medal.  Additionally, he served during a period in Vietnam when his unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Accordingly these awards should be added to his DD Form 214 at this time.

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:

* deleting the VSM from block 24 of his DD Form 214 
* awarding him the AGCM (1st Award) for the period 4 October 1966 to 23 September 1968
* adding the Purple Heart, AGCM, VSM with four bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation to block 24 of his DD Form 214  

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 adding a second award of the Purple Heart to his DD Form 214. 

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _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)                                         AR20110022157



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ABCMR Record of Proceedings (cont)                                         AR20110022157



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