IN THE CASE OF:	  

		BOARD DATE:	  7 August 2012

		DOCKET NUMBER:  AR20120001934 


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 three awards of the Purple Heart for a third wound he received in the Republic of Vietnam on 
“7” April 1967.  

2.  He states the information that was needed for this decoration was not received by his unit, Company B, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, or the information was not forwarded to his unit when he accepted a Chaplains Assistant position at the brigade level, or the 50th Medical Company did not transfer the information to his unit.  

3.  He provides:

* DD Form 214 
* Change of Name Decree
* DA Form 20 (Enlisted Qualification Record)
* Standard Form 600 (Chronological Record of Medical Care)
* DD Form 1380 (U.S. Field Medical Card)
* Two Purple Heart award certificates

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 17 January 1966.  Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was later reclassified into MOS 71M (Chaplains Assistant).  

3.  He was assigned to Company B, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division in Vietnam on 8 December 1966.

4.  His service record contains orders published by Headquarters, 9th Infantry Division, which show he was awarded the:

	a.  Purple Heart for wounds received in action on 31 March 1967 by General Orders Number 520, dated 8 April 1967.  General Orders Number 745, dated 20 April 1967, amended General Orders Number 520 to show he was awarded the Purple Heart (1st Oak Leaf Cluster) (indicating 2nd Award);

	b.  Army Commendation Medal for meritorious achievement from 1 July to 31 October 1967 by General Orders Number 6353, dated 24 November 1967; and

	c.  Army Commendation Medal for meritorious service from 17 June 1966 to 31 October 1967 by General Orders Number 7348, dated 17 December 1967.

5.  His DA Form 20 shows in:

* item 38 (Record of Assignments), he served in Vietnam from 8 December 1966 to 28 November 1967
* item 33 (Appointments and Reductions), he was promoted to specialist five (SP5)/E-5 on 30 September 1967
* item 38, he received "excellent" conduct and efficiency ratings throughout his active service
* item 40 (Wounds), he sustained a fragment wound to his right ankle on 12 March 1967 and a gunshot wound to his right arm on 31 March 1967
* item 41 (Awards and Decorations), he was issued two awards of the Purple Heart by General Orders Number 278, dated 24 March 1967 and by General Orders Number 520, dated 20 April 1967

6.  He provided the following documents which indicate:

	a.  Purple Heart award certificate, dated 24 March 1967, he was awarded the Purple Heart for wounds received in action on 12 March 1967.

	b.  Purple Heart award certificate, dated 8 April 1967, he was awarded the Purple Heart for wounds received in action on 31 March 1967.

	c.  Standard Form 600, he was admitted on 8 April 1967 for observation of a small shrapnel wound to the left side of his middle back.  This medical document indicated the wound did not need special care.  It has no indication of whether the wound was sustained as a result of hostile action.

	d.  DD Form 1380, he was treated at the 50th Medical Company on 8 April 1967 for a wound to the left side of his back.  The "Yes" block was marked indicating the wound was sustained during enemy action.

7.  His name is listed twice on the Vietnam Casualty Roster indicating he was wounded in action on 12 and 31 March 1967.

8.  He was released from active duty on 29 November 1967 in the rank of SP5.  He completed 1 year, 10 months, and 13 days of active service with no lost time.  His service record does not indicate he was disqualified by his commander for the Army Good Conduct Medal (1st Award).  

9.  His DD Form 214 indicates award of the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart

10.  The applicant's personnel records do not include orders which show he was awarded a third Purple Heart.

11.  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 the unit to which the applicant was assigned was cited for award of the:  

   a.  Meritorious Unit Commendation for the period 1 October 1966 to 31 August 1967 by Department of the Army General Orders (DAGO) Number 10, dated 1968.
   
   b.  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by DAGO Number 59, dated 1969.
   
   c.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by DAGO Number 53, dated 1970.

12.  A 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 the Purple Heart pertaining to the applicant.

13.  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.

14.  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 his service in Vietnam, the applicant participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

15.  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 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 shows he was wounded in action in his right ankle on 12 March and in his right arm on 31 March 1967.  His name is listed only twice on the Vietnam Casualty Roster.

2.  His DD Form 214 currently reflects one award of the Purple Heart.  

3.  General orders published by the 9th Infantry Division indicate he was awarded the Purple Heart (First Oak Leaf Cluster), indicating a second award.  

4.  He provided a copy of a DD Form 1380 which indicates he sustained a wound to the left side of his back on 8 April 1967 as a result of enemy action and a Standard Form 600 shows this wound was treated by military medical personnel and is recorded in his health record.  Therefore, he is entitled to a third award of the Purple Heart and correction of his DD Form 214 to show the Purple Heart (Second Oak Leaf Cluster) (indicating 3rd award).  

5.  General orders show the applicant was awarded two awards of the Army Commendation Medal, one for meritorious achievement and one for meritorious service.  Therefore, his DD Form 214 should be amended to reflect the Army Commendation Medal (2nd Award). 

6.  It appears he met the regulatory requirements for the Army Good Conduct Medal (1st Award) for a qualifying period of service from 17 January 1966 through 29 November 1967.  His service record shows he received all "excellent" conduct and efficiency ratings, numerous awards, and he was promoted to SP5 during his tenure on active duty.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

7.  He was assigned to a unit in Vietnam during a period the unit was cited for award of the Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.   

8.  He received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his already-awarded Vietnam Service Medal.



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 by:

	a.  awarding him the Purple Heart (Second Oak Leaf Cluster) for wounds he sustained on 8 April 1967;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 January 1966 through 29 November 1967;

	c.  deleting from his DD Form 214 the Vietnam Service Medal; and

	d.  adding to his DD Form 214 the Purple Heart (Second Oak Leaf Cluster), Army Commendation Medal (First Oak Leaf Cluster), Army Good Conduct Medal (1st Award), Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Vietnam Service Medal with two bronze service stars.




      _______ _   ___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)                                         AR20120001934





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ABCMR Record of Proceedings (cont)                                         AR20120001934



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