IN THE CASE OF:	  

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120003276 


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, in effect, 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 the orders he was issued for the second Purple Heart show the incorrect social security number.

3.  The applicant provides his DD Form 214, orders, and two 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's records show he enlisted in the Regular Army on 13 June 1968 and he held military occupational specialty 05B (Radio Operator).  He served in Vietnam from 9 May 1969 to 1 April 1970 while assigned to 2nd Battalion, 2nd Infantry Regiment, 1st Infantry Division.

3.  General Orders (GO) Number 9782, dated 1 September 1969, issued by Headquarters (HQ), 1st Infantry Division, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 24 August 1969.

4.  GO Number 913, dated 21 January 1970, issued by HQ, 1st Infantry Division, awarded him the Bronze Star Medal for meritorious achievement from 21 September to 30 December 1969.

5.  He was honorably released from active duty on 3 April 1970 and transferred to the U.S. Army Reserve.  He completed 1 year, 9 months, and 21 days of creditable active service with no time lost.

6.  The DD Form 214 he was issued shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart
* Bronze Star Medal (2nd Award)

7.  A review of The Adjutant General's Office Casualty Division's Vietnam casualty listing shows the applicant's name is listed as a casualty on both 24 May 1969 and 24 August 1969 under casualty status code "24."  This casualty code refers to "hostile wounded in action, not hospitalized."

8. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) contains the entries "FW [fragment wounds], right leg - 24 May 1969" and "FW, left arm - 24 August 1969."

9.  The applicant provides two certificates that show he was awarded two Purple Hearts - - one for wounds received in action on 24 May 1969 and a second for wounds received in action on 24 August 1969.

10.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service except for the period from 7 October 1969 to 27 March 1970 when he received an "unknown."  His record is void any convictions by a court-martial or a commander's disqualification for the Army Good Conduct Medal (1st Award).

11.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

12.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was the Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rife Bar (M-16).

13.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance for the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 2nd Infantry, was cited for awards of the:

* Valorous Unit Award, from 23-25 May 1969, by DAGO Number 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, from 5 June-6 September 1969, by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, from 1 October 1965-7 April 1970, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was wounded in action in Vietnam on two different dates and he provided evidence that shows he was awarded two awards of the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show both of these awards.

2.  The evidence of record shows he served honorably from 13 June 1968 through 3 April 1970.  He served in Vietnam and received all "excellent" conduct and efficiency ratings throughout his military service except for a 6-month period when he received an "unknown" rating.  However, he was awarded the Bronze Star Medal for meritorious achievement that covered over 3 months of this 
6-month period.  His record is void of any disciplinary actions or a commander's disqualification that would have precluded him from receiving the Army Good Conduct Medal (1st Award).  Therefore it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

3.  His record confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

4.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 accordingly.

5.  GO's awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during a period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  GRANT FULL RELIEF 

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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 13 June 1968 through 3 April 1970;

   b.  deleting from his DD Form 214 the Purple Heart and 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 three bronze service stars
* Sharpshooter Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Qualification Badge with Rifle Bar (M-16)
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor 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)                                         AR20120003276



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ABCMR Record of Proceedings (cont)                                         AR20120003276



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