IN THE CASE OF:	  

		BOARD DATE:  11 October 2012

		DOCKET NUMBER:  AR20120006921 


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.  He states he received two awards of the Purple Heart and two Purple Heart Certificates, but his DD Form 214 does not reflect these awards.

3.  He provides his DD Form 214 and two Purple Heart 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 27 September 1966.  The highest rank/grade attained while service on active service was sergeant (SGT)/E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 31 (Foreign Service), he served in Vietnam from 10 August 1967 to 6 January 1968
* item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his regularly assigned units
* item 38, he was assigned to Troop C, 1st Squadron, 1st Cavalry Regiment in Vietnam from 28 August 1967 through 5 January 1968
* item 38, he was transferred to the Medical Holding Detachment, Camp Zama, Japan on 6 January 1968 in a patient status
* item 38, he was further transferred to the Medical Holding Detachment, Irwin Army Hospital, Fort Riley, KS on 6 February 1968, in a patient status
* item 40 (Wounds), he sustained a gunshot wound to his right forearm on 29 December 1967
* item 41 (Awards and Decorations), no entry for any Purple Heart awards

4.  His service personnel record contains a DA Form 8-275-2 (Clinical Record Cover Sheet), dated 9 September 1968, that indicates:

	a.  he sustained a gunshot wound to his right forearm, penetrating, proximal right forearm, with radial nerve injury; injured as a result of hostile action (IRHA).  He was injured by hostile small arms fire on 29 December 1967, near Tam Ky, Republic of Vietnam (line of duty (LOD)).

	b.  he had a simple fracture, nondisplaced, proximal shaft, to right radius (IRHA and LOD as in diagnosis 1).

	c.  he had paralysis of radial nerve, secondary to diagnosis 1 and 2 (IRHA and LOD).  

5.  There is no evidence of any disciplinary actions or a commander's disqualification that would have precluded the applicant from being recommended for or awarded the first award of the Army good Conduct Medal.

6.  On 9 September 1968, the applicant was honorably released from active duty in the rank of SGT at the completion of his hospitalization.  He completed 1 year, 11 months, and 13 days of total active service with no time lost.  The DD Form 214 he was issued at the time shows award of the:


* National Defense Service Medal
* Vietnam Service Medal
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

7.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed once as a casualty on 29 December 1967 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

8.  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 any orders for the Purple Heart pertaining to the applicant.

9.  The applicant provided two Purple Heart Certificates.  Both certificates show he was awarded the Purple Heart for wounds received in action on 29 December 1967 in Vietnam.

	a.  One certificate is signed by Major K.A.S, Commander, 2nd Surgical Hospital, dated 13 December 1967.

	b.  The other certificate is signed by Major General S.W.K, Commander, Americal Division, dated 4 February 1968.

10.  Army Regulation 600-8-22 (Military Awards) provides:

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.  It further states not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

	b.  In paragraph 2-13 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 III (1 June 1967 - 29 January 1968).


	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Individuals who qualified for award of the Vietnam Service Medal for less than 6 months of service but were wounded as a result of hostile action are also entitled to award of the Republic of Vietnam Campaign Medal with Device (1960).

11.  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.

12.  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.  Paragraph 6d states Department of the Army General Orders Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam, and its subordinate units, during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service record does not contain orders that awarded him the Purple Heart.  However, his record contains personnel and medical documents showing he received a gunshot wound to his right forearm as a result of hostile action on 29 December 1967.  His name is also listed on the Vietnam casualty listing for wounds received as a result of hostile action on 29 December 1967.  Therefore, his DD Form 214 should be corrected to his award of the Purple Heart.

2.  By regulation, the Purple Heart is authorized for the first wound suffered and not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  In the absence of evidence indicating he was wounded a second time while in Vietnam, there is an insufficient evidentiary basis for adding a second award of the Purple Heart to his DD Form 214.

3.  It appears he met the regulatory requirements for the Army Good Conduct Medal (1st Award) for a qualifying period of service from 27 September 1966 through 9 September 1968.  His service record shows he received all "excellent" conduct and efficiency ratings throughout his service and he was promoted to SGT during this period.  There is also no evidence of any disciplinary actions or a commander's disqualification that would have precluded such award.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  He participated in one campaign during his service in Vietnam that entitles him to one bronze service star for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show this bronze service star.

5.  The applicant served during a qualifying period of service for the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, his DD Form 214 should be corrected to show this award.

6.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X __  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

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


	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 27 September 1966 through 9 September 1968; and

	c.  adding to his DD Form 214 the:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding a second award of the Purple Heart to his DD Form 214.



      __________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)                                         AR20120006921



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ABCMR Record of Proceedings (cont)                                         AR20120006921



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