IN THE CASE OF:	  

		BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120002262 


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 two awards of the Purple Heart.

2.  The applicant states Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded on 13 March and 9 May 1967.  This documents his entitlement to the Purple Heart (2nd Award).  Neither award is reflected on his DD Form 214. 

3.  The applicant provides:

* DD Form 47 (Record of Induction)
* DA Form 2658 (Health Record - Abstract of Service)
* Standard Form (SF) 601 (Health Record - Immunization Record)
* DA Form 20 
* DD Form 214
* SF 88 (Report of Medical Examination)

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 military record shows he was inducted into the Army of United States on 9 February 1966.  He completed the training requirements and he was awarded military occupational specialty 11C (Infantryman Indirect Fire Crewman).

3.  He served in Vietnam from on or about 6 August 1966 through 5 August 1967 during two campaigns.  He was assigned to Company C, 4th Battalion, 23rd Infantry Regiment, 25th Infantry Division.

4.  His records contain a DA Form 2658 which shows he was seen at the Battalion Aid Station and Medical Clinic Number 11 in Vietnam between 6 September 1966 and 5 February 1968.

5.  On 8 February 1968, he was honorably released from active duty in pay grade E-5.  He was credited with completing 2 years of active service and he had no documented lost time.  His DD Form 214 lists the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

6.  Item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his period of service.  There is also no evidence that his commander disqualified him for award of the Army Good Conduct Medal (1st Award).

7.  Item 40 of his DA Form 20 contains the entries "Perforated ear drums on 
13 March 1967" and "Fragment wound to both hands on 9 May 1967."  Item 41 (Awards and Decorations) of this form does not list the Purple Heart.  There are no orders in his military personnel records awarding him any Purple Heart.

8.  Item 41 of his DA Form 20 also lists all of the awards shown on his 1969 
DD Form 214. 
9.  The Vietnam casualty roster shows he was wounded on 13 March 1967 and 
8 May 1967.  This roster shows his casualty status code for both injuries as "23." This code indicates the status was "hostile wounded in action, not serious, hospitalized."  

10.  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 orders for the Purple Heart pertaining to the applicant.

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

   a.  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.

	b.  A bronze service star is authorized to be worn with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.   

12.  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.  

13.  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 his unit, 4th Battalion, 23rd Infantry Division, was cited for the:

a. Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period April 1966 - August 1968, by Department of the Army General Orders (DAGO) Number 48, dated 1971; and 

   b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 - 21 January 1970, by DAGO Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded the Purple Heart.  However, the available evidence shows he was wounded on on 13 March and 8 May 1967 as a result of hostile action in Vietnam.  He was treated and the treatment was made a matter of official record.  Therefore, he is entitled to award of the Purple Heart (1st and 2nd Award) and correction of his DD Form 214 to show these awards.

2.  The evidence of record appears to show he met the criteria for award of the Army Good Conduct Medal (1st Award) for the period 9 February 1966 through 
8 February 1968.  There is no derogatory information or evidence of record which shows he was disqualified by his commander for this award.  Therefore, his
DD Form 214 should be corrected to show this award.

3.  The evidence of record also shows he participated in two campaigns during his service in Vietnam; therefore, he is eligible for award of two bronze service stars to be affixed to his already-awarded Vietnam Service Medal.  These bronze service stars should be added to his DD Form 214.

4.  General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would also be appropriate to correct his 
DD Form 214 to show these unit awards.

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 for wounds received in action on 13 March 1967
* Purple Heart (2nd Award) for wounds received in action on 8 May 1967
* Army Good Conduct Medal (1st Award) for the period 9 February 1966  through 8 February 1968 

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

   c.  adding to his DD Form 214 the:

* Purple Heart (2nd Award) 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation



      _______ _   _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)                                         AR20120002262



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ABCMR Record of Proceedings (cont)                                         AR20120002262



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