IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110024069 


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, the widow of a deceased former service member (FSM), requests correction of the FSM's records to show he was awarded two awards of the Purple Heart.

2.  The applicant states the FSM received a Purple Heart on 9 November 1967.  The FSM was again injured on 10 May 1968 and he should have received a second Purple Heart.  The awards are not listed on the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides:

* the FSM's DD Form 214
* General Orders Number 4377, issued by Headquarters, 25th Infantry Division, dated 9 November 1967
* Clinical Record – Narrative Summary, dated 28 January 1969
* Standard Form 88 (Report of Medical Examination), undated

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 FSM was inducted into the Army of the United States on 21 February 1967.  He completed initial entry training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  General Orders Number 4377, dated 9 November 1967, awarded the FSM the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 5 November 1967.

4.  The FSM's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) he served in Vietnam from 24 July 1967 through 30 May 1968.

	b.  Item 38 (Record of Assignments) he:

* was assigned to Company C, 2nd Battalion, 12th Infantry from
3 August 1967 through 13 May 1968 while in Vietnam
* was reassigned to the Medical Holding Detachment, 106th General Hospital, Japan on 14 May 1968 in a patient status
* he received all "excellent" conduct and efficiency ratings throughout his service

	c.  Item 40 (Wounds) the entries:

* FW (fragment wound) to back – 5 November 1967
* AMP (amputation of) (R (right)) leg below knee – 11 May 1968

5.  The FSM's Official Military Personnel File (OMPF) is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the Army Good Conduct Medal for the period 21 February 1967 through 24 April 1969.

6.  The FSM's OMPF contains a Western Union telefax to his parents, dated
14 May 1968, that shows he was wounded in Vietnam on 11 May 1968 as a result of hostile action.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing also shows the FSM's name is listed twice as a casualty, on 5 November 1967 and 11 May 1968.  For his wound on 11 May 1968, the FSM is listed under casualty status code "22."  This casualty code refers to "hostile wounded in action, serious, hospitalized."

7.  There are no orders showing the FSM was awarded a second Purple Heart.

8.  On 24 April 1969, the FSM was retired by reason of permanent disability.  He completed 2 years, 2 months, and 5 days of total active service with no lost time. His DD Form 214 shows award of the:

* Combat Infantryman Badge
* Vietnam Service Medal
* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

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

10.  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; for 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.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during the FSM's service in Vietnam, he participated in the following three campaigns:
* 
Vietnamese Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that during his assignment to 2nd Battalion,
12th Infantry, it was cited for the:

* Valorous Unit Award for the period 31 January - 19 February 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 1 August 1967 by DAGO Number 48, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 - August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 - 21 January 1970 by DAGO Number 51, dated 1971

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the FSM was awarded the Purple Heart for wounds sustained on 5 November 1967.  Therefore, the FSM's DD Form 214 should be corrected to show this award.

2.  Additionally, evidence shows the FSM was again seriously wounded as a result of hostile action on 11 May 1968.  However, there is no evidence showing he was awarded a second Purple Heart.  Therefore, the FSM should be posthumously awarded the second award of the Purple Heart and the FSM's
DD Form 214 should be corrected to show this award.

3.  The FSM's record shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the first award of the AGCM.  Therefore, it would be appropriate at this 

time to posthumously award the FSM the Army Good Conduct Medal for the period 21 February 1967 through 24 April 1969 and to correct his DD Form 214 to show this award.

4.  Evidence further shows the FSM participated in three campaigns during his service in Vietnam.  Therefore, the FSM's DD Form 214 should also be corrected to show the Vietnam Service Medal with three bronze service stars.

5.  The FSM's unit in Vietnam was cited for award of the Valorous Unit Award, the two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, the FSM's DD Form 214 should be corrected to show these unit awards.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from the FSM's DD Form 214 the Vietnam Service Medal;

	b.  posthumously awarding the FSM the Purple Heart (2nd award) for wounds received in action in Vietnam on 11 May 1968;

	c.  posthumously awarding the FSM the Army Good Conduct Medal (1st Award) for the period 21 February 1967 through 24 April 1969; and

	d.  adding to the FSM's DD Form 214 the:

* Purple Heart (2nd Award)
* Army Good Conduct Medal
* 
Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

2.  The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of the FSM's 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)                                         AR20110024069



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ABCMR Record of Proceedings (cont)                                         AR20110024069



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