IN THE CASE OF:	 

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20120004021 


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 records to show a second award of the Purple Heart.

2.  The applicant states he served in Vietnam and was wounded in action on
20 July 1970 and also on 29 September 1970.  He was awarded the Purple Heart for the wounds he received on 20 July 1970, but not for the wounds he received on 29 September 1970.

3.  The applicant provides a copy of two medical documents in support of his request.

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 enlisted in the Regular Army (RA) on 23 September 1963 for a period of 3 years.  He was awarded military occupational specialty 63A (Automotive Maintenance Helper).

3.  The applicant again enlisted in the RA on 6 January 1966 and served on his first tour of duty in Vietnam from 23 February 1966 through 22 February 1967.  He was promoted to staff sergeant (SSG) on 17 November 1968.

4.  The applicant was honorably released from active duty on 18 December 1968 and transferred to the U.S. Army Reserve to complete his Reserve obligation.

5.  He enlisted and reentered the RA on 9 December 1969.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service):

* Vietnam from 23 February 1966 through 22 February 1967
* Vietnam from 8 January through 10 October 1970

	b.  item 38 (Record of Assignments):

* Headquarters and Headquarters Company, 123rd Aviation Battalion, from 21 January to 13 May 1970
* F Troop, 8th Cavalry, from 14 May to 8 October 1970

	c.  item 40 (Wounds):

* gunshot wound to left leg, 20 July 1970
* wounded in abdominal wall, 29 September 1970

	d.  item 41 (Awards and Decorations):  one award of the Purple Heart per Headquarters, Americal Division, General Orders Number 9469 (1970).

7.  Headquarters, Americal Division, General Orders Number 9469, dated
24 July 1970, awarded the applicant the Purple Heart for wounds received in connection with military operations in Vietnam on 20 July 1970.

8.   A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably discharged on 12 October 1972 to reenlist in the RA.  He had completed 2 years, 10 months, and 4 days of active service that included 9 months and 3 days of foreign service.  It also shows one award of the Purple Heart.
9.  The applicant reenlisted in the RA on 13 October 1972 and continued to serve on active duty until he was honorably retired for length of service on
31 October 1984.  His 9 February 1978 and 31 October 1984 DD Forms 214 both show one award of the Purple Heart.  His DD Form 214 for the period ending 31 October 1984 shows the Vietnam Service Medal with four bronze service stars.

10.  A review of the applicant's military personnel records failed to reveal any evidence he was awarded more than one Purple Heart.

11.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty:

* on 20 July 1970, under casualty status code "25" (wounded in action, not serious, not hospitalized)
* on 29 September 1970, under casualty status code "26" (wounded in action, not serious, hospitalized)

12.  A review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 more than one Purple Heart.

13.  In support of his application, the applicant provides a copy of a Standard Form 502 (Clinical Record - Narrative Summary), and DA Form 8-275-3 (Clinical Record Cover Sheet), both dated 4 October 1970, that show the applicant suffered a gunshot wound to his abdominal wall on 29 September 1970 while charging an enemy bunker.  He was admitted to the 91st Evacuation Hospital, received treatment, and discharged on 4 October 1970 to return to his unit.  The medical record also shows in the administrative data section, "No Purple Heart awarded at this unit."

14.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown in his records.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that at the time of the applicant's assignment to:

* Headquarters and Headquarters Company, 123rd Aviation Battalion, the battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders (DAGO) Number 42 (1972)
* F Troop, 8th Cavalry, the troop was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by DAGO Number 42 (1972)

16.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

17.  Army Regulation 600-8-22 shows the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

   a.  It also shows that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign and that one silver service star may be worn in lieu of five bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows (in pertinent part) the following campaigns:

* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive ( 1May 1970 - 30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was wounded in action on two occasions while serving in Vietnam -- on 20 July 1970 and 29 September 1970.

2.  General orders awarded the applicant the Purple Heart for wounds received in connection with military operations in Vietnam on 20 July 1970.  

3.  The applicant's DA Form 20 shows he sustained a wound to his abdominal wall on 29 September 1970.  In addition, the Vietnam Casualty Roster and medical records that the applicant provides also show the applicant was wounded in action on 29 September 1970 and that the wound was treated.

   a.  Thus, it appears that, due to an administrative error, the applicant was not awarded the Purple Heart for wounds he received on 29 September 1970.  

   b.  Therefore, it would be appropriate to correct his records to show a second award of the Purple Heart.

4.  The evidence of record shows the applicant qualified for award of the Vietnam Service Medal and he served in five campaigns during his service in Vietnam.  His 31 October 1984 DD Form 214 shows the Vietnam Service Medal with four bronze service stars.  Thus, he is entitled to correction of his records to show one silver service star for wear on his already-awarded Vietnam Service Medal.

5.  General orders awarded both of the units the applicant was assigned to in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  In view of the foregoing, it would be appropriate to correct the applicant's
31 October 1984 DD Form 214 to show the awards, as recommended below.

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 the applicant the Purple Heart for wounds received in connection with military operations in the Republic of Vietnam on 29 September 1970  (Standard Name Line:  SSG  F Troop, 8th Cavalry, Americal Division, U.S. Army, Vietnam); and
   
   b.  deleting from his 31 October 1984 DD Form 214 the "Purple Heart" and "Vietnam Service Medal (w/4  Bronze Service Stars)"; and


   c.  adding to his 31 October 1984 DD Form 214 the:

* Purple Heart (2nd Award)
* Vietnam Service Medal with one silver service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)




      ___________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)                                         AR20120004021



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ABCMR Record of Proceedings (cont)                                         AR20120004021



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