IN THE CASE OF:	  

		BOARD DATE:  10 July 2012

		DOCKET NUMBER:  AR20120001489 


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 two awards of the Purple Heart (PH) and that a second award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he would like to be awarded the PH for being wounded in action in the Republic of Vietnam (RVN) on 7 December 1967 as a result of a stepping on a punji stick for which he was treated in the RVN, and on 
7 November 1970 as a result of receiving a gunshot wound to the back which resulted in his medical evacuation to the United States for treatment at Fort Polk, Louisiana.  

3.  The applicant provides the following documents in support of his request:

* Western Union telegram, dated 7 December 1967
* BSM Orders, dated 30 July 1968
* BSM Orders, dated 7 December 1970
* Miscellaneous records and orders

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’s record shows he initially enlisted in the Regular Army on 
6 May 1966, and was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably discharged for the purpose of immediate reenlistment on 27 February 1969, and on 28 February 1969 he reenlisted for 3 years.  

3.  The DD Form 214 issued to the applicant upon his discharge on 27 February 1969 shows he earned the following awards during that period of active duty service (6 May 1966-27 February 1969):

* Vietnam Service Medal (VSM)
* National Defense Service Medal (NDSM)
* Combat Infantryman Badge (CIB)
* Parachutist Badge

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows, in item 31 (Foreign Service), that he served in the RVN from 25 June 1967 through 24 June 1968 and again from 6 September through 14 November 1970.  

5.  Item 38 (Record of Assignments) of the DA Form 20 shows that during his first RVN tour, the applicant was assigned to Company B, 2nd Battalion (Airborne), 327th Infantry Regiment, performing duties in MOS 11B as a rifleman; and that during his second RVN tour, he was assigned to Company B, 4th Battalion, 503rd Infantry Regiment, performing duties in MOS 11B as a rifleman.  It also shows he was medically evacuated from the RVN to Fort Polk, Louisiana where he arrived as a patient on 11 November 1970.  

6.  Item 40 (Wounds) of the DA Form 20 contains two entries indicating the applicant was wounded in action in the RVN on 7 December 1967 when he sustained a punji stick wound to the right knee and on 7 November 1970, when he sustained a gunshot wound to the back.  

7.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a Western Union telegram, dated 7 December 1967, which informed the applicant’s parents that he had been slightly wounded in action in the RVN on     7 December 1967 as result of sustaining a punji stick wound to the right knee while on a combat operation.  It also contains a casualty report confirming this wound, dated 7 December 1967.  

8.  The MPRJ also contains Headquarters, 101st Airborne Division General Orders (GO) Number (#) 4136, dated 30 July 1968, which awarded the applicant the BSM for meritorious service in the RVN from 25 June 1967 to 24 June 1968.  It also contains Headquarters, 173rd Airborne Brigade GO # 3183, dated 
7 December 1970, which awarded him the BSM for meritorious service in the RVN during the period January to November 1970.  

9.  The MPRJ also contains Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina GO # 302, dated 6 May 1970, which awarded the applicant the Army Good Conduct Medal (AGCM) for the period 6 May 1966 to 5 May 1969.  In addition, it contains marksmanship qualification orders issued at Fort Gordon, Georgia in August 1966 that show the applicant qualified for the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and orders issued in September 1966 that show he qualified for the Expert Marksmanship Qualification Badge with Machine Gun Bar.

10.  On 14 April 1972, the applicant was honorably discharged, after completing a total of 5 years, 10 months, and 13 days of creditable active duty service.  The DD Form 214 he was issued at the time shows he earned the following awards during the period covered by the DD Form 214 (28 February 1969-14 April 1972):

* CIB
* BSM
* Parachutist Badge
* VSM
* RVN Campaign Medal

11.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on 7 December 1967 and 7 November 1970.  

12.  Army Regulation 600-8-22 (Military Awards) prescribes the Army’s awards policy.  

   a.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record.

   b.  Paragraph 2-13 contains guidance on the VSM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in the RVN.

   c. Table B-1 contains a list of RVN campaigns.  It shows that during the applicant’s tenure of assignment in the RVN, participating credit was granted for the Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), TET Counteroffensive (30 January-1 April 1968), Vietnam Counteroffensive Phase IV (2 April-30 June 1968), and Vietnam Counteroffensive Phase VII (1 July        1970-30 June 1971).
   
13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his assignment tenure, the applicant's units (2nd Battalion, 327th Infantry Regiment and 4th Battalion, 503rd Infantry Regiment) were cited for the RVN Gallantry Cross with Palm Unit Citation for the period 5 May 1965-26 September 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971; and the RVN Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971. 

14.  Army Regulation 635-5 (Separation Documents) prescribes policy on preparation of the DD Form 214.  The version of the regulation in effect at the time of the applicant's separation provided for entering only awards earned during the period on the DD Form 214.  The current version of the regulation provides for entering all awards earned during military service on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was twice wounded in action in the RVN on 7 December 1967 and 7 November 1970, respectively, as evidenced by entries in item 40 of the DA Form 20 and on the Vietnam Casualty List, and a Western Union telegram and a casualty report on file in the MPRJ.  Therefore, his last DD Form 214 should be corrected to show these awards.  

2.  The record also shows the applicant was twice awarded the BSM for two separate periods of meritorious service in the RVN, the AGCM for a qualifying period of service between 1966 and 1969, and the Expert with Rifle Bar and Sharpshooter with Machine Gun Bar Marksmanship Qualification Badges as evidenced by award orders in the record.  Therefore, these awards should also be added to his last DD Form 214.  



3.  Based on his RVN service and campaign participation, he is also eligible for 
4 bronze service stars for wear on his already-awarded Vietnam Service Medal and for wear of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.

BOARD VOTE:

___X____  ___X____  ___X ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 as follows:

   a.  awarding him two Purple Hearts, for being wounded in action in the RVN on 7 December 1967 and on 7 November 1970;
   
   b.  amending his 14 April 1972 DD Form 214 by deleting the Vietnam Service Medal and Bronze Star Medal entries; 
   
	c.  adding to his 14 April 1972 DD Form 214 the following awards:

* National Defense Service Medal 
* Purple Heart (2nd Award)
* Bronze Star Medal (2nd Award) 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with 4 bronze service stars 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation


* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar



      _______ _   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)                                         AR20120001489



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001489



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1