IN THE CASE OF:	  

		BOARD DATE:	  4 December 2012

		DOCKET NUMBER:  AR20120008155 


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 award of a second Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was wounded on 20 April 1968 and received the Purple Heart, but it is not on his DD Form 214.  He was also wounded on 15 May 1968 and treated, but he was never awarded the Purple Heart.

3.  The applicant provides his Purple Heart Certificate and a DA Form 8-275-2 (Clinical Record Cover Sheet).

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 October 1966.  He completed training as an infantryman and was stationed in Hawaii.

3.  His brigade was transferred to Vietnam.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments):

* Company A, 1st Battalion, 20th Infantry, 11th Infantry Brigade, from 5 December 1967-21 May 1968
* patient, Camp Zama, Japan, from 22 May-6 July 1968
* casual status, 23rd Adjutant General Administration Company from 
7-12 July 1968
* Company A, 1st Battalion, 20th Infantry, from 13 July-1 August 1968
* patient, Camp Zama, Japan, from 2-17 August 1968
* patient, Fort Riley, Kansas, from 18 August-15 October 1968
* his conduct and efficiency ratings were "excellent" throughout his active duty service

	b.  item 40 (Wounds), no entries; and

4.  Americal Division General Orders 2526, dated 12 May 1968, awarded the applicant the Purple Heart for wounds received in action on 20 April 1968.

5.  On 16 October 1968, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) in the rank of specialist four/E-4 with his service characterized as honorable.

6.  His DD Form 214 shows his awards as the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge 
* Expert Marksmanship Qualification Badge with Grenade Bar 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

7.  The Vietnam casualty list shows the applicant was wounded in action by artillery/mortar fire on 20 April 1968 but not hospitalized and he was hospitalized for artillery/mortar fire wounds sustained in action on 15 May 1968.

8.  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 U.S. Army Human Resources Command Military Awards Branch, contains only the Americal Division general orders awarding him the Purple Heart for the wounds sustained in action on 20 April 1968.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or 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.

	b.  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, including the Purple Heart.

	c.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

	d.  The four campaigns that coincide with the applicant's tour of duty in Vietnam are:

* Counteroffensive Phase III – 1 June 1967-29 January 1968
* Tet Counteroffensive – 30 January-1 April 1968
* Vietnam Counteroffensive Phase IV – 2 April-30 June 1968
* Counteroffensive Phase V – 1 July-1 November 1968

10.  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.  



11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

12.  The applicant's submissions included:

	a.  a Purple Heart Certificate for wounds he sustained in action on 20 April 1968 and

	b.  a DA Form 8-275-2 (Clinical Record Cover Sheet) showing:

* he was wounded as a result of hostile action on 15 May 1968
* he underwent surgery on 15 and 19 May 1968
* no Purple Heart was awarded by the initial hospital facility
* he was transferred to the U.S. Army Hospital, Camp Zama, Japan

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of a second Purple Heart and correction of his DD Form 214.

2.  In addition to the combat wound sustained on 20 April 1968 for which he received the Purple Heart, the applicant was treated for a wound sustained in action on 15 May 1968.  He should be awarded the Purple Heart with 1st Oak Leaf Cluster.

3.  The applicant distinguished himself by his combat service and his exclusively "excellent" conduct and efficiency ratings.  He should be awarded the Army Good Conduct Medal (1st Award) for the period 17 October 1966 through 16 October 1968 at this time.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  The applicant served in Vietnam during four designated campaigns.  He is therefore eligible to wear four bronze service stars on his Vietnam Service Medal.

6.  The above awards should be added to the applicant's DD Form 214.



BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 with 1st Oak Leaf Cluster for wounds sustained in action against the enemy on 15 May 1968,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 October 1966 through 16 October 1968, and

	c.  showing that in addition to the awards already shown on his DD Form 214 he is authorized the Purple Heart (2nd Award), Army Good Conduct Medal 
(1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and four bronze service stars for wear on his Vietnam Service Medal.



      ______________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)                                         AR20120008155



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ABCMR Record of Proceedings (cont)                                         AR20120008155



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