IN THE CASE OF:	  

		BOARD DATE:	  18 December 2012

		DOCKET NUMBER:  AR20120010373 


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 add the third award of the Purple Heart.

2.  The applicant states the Purple Heart (3rd Award) was not listed on his
DD Form 214.  He received three awards of the Purple Heart during his service in Vietnam for wounds he received on 15 January 1971, 1 June 1971, and 
25 June 1971.

3.  The applicant provides three certificates for award of the Purple Heart and his DD Form 214.

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 18 March 1970.  On 23 March 1970 he was honorably discharged to enlist in the Regular Army (RA).

3.  On 24 March 1970, he enlisted in the RA for a period of 3 years.  He held military occupational specialty 11B (Light Weapons Infantryman).

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Vietnam from 2 June 1970 through 1 July 1971.  He served with:

* Company C, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division from 3 December 1970 through 28 March 1971
* Company C, 1st Battalion, 61st Infantry Regiment, 5th Infantry Division from 8 April 1971 through 1 July 1971

5.  Item 40 (Wounds) of his DA Form 20 shows on:

* 15 January 1971, he received fragment wounds to his right arm and left foot
* 1 June 1971, he received a cut on his left hand
* 24 June 1971, he received a fracture to his left leg and a cut on his upper lip

6.  General Orders Number 9, issued by Headquarters, 93rd Evacuation Hospital, dated 17 January 1971, awarded him the Purple Heart for wounds received in action in Vietnam on 15 January 1971.

7.  General Orders Number 56, issued by Headquarters, 18th Surgical Hospital, dated 27 June 1971, awarded him the Purple Heart for wounds received in action in Vietnam on 24 June 1971.

8.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed three times as a casualty, on
15 January 1971, 1 June 1971, and 24 June 1971, all under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  A review of his service record does not show any derogatory information in the form of time lost, non-judicial punishment (NJP), or suspension of favorable 

personnel actions during his period of service.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is also no evidence of a commander's disqualification that would have precluded him from being recommended for award of the first award of the Army Good Conduct Medal.

10.  On 25 February 1972, he was honorably early released from active duty to join the South Dakota Army National Guard.  He completed 1 year, 11 months, and 2 days of net active service this period.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Purple Heart (2nd Award)
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

11.  He provided three Purple Heart certificates.

* The first certificate was issued on 3 August 1992 for wounds he received in action on 15 January 1971
* The second certificate was issued on 3 August 1992 for wounds he received in action on "16" June 1971
* The third certificate was issued on 10 August 1992 for wounds he received in action on 25 June 1971

12.  Army Regulation 672-5-1 (Military Awards) states 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.

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 the 1st Battalion, 61st Infantry Regiment was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Order (DAGO) Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows two awards of the Purple Heart and his record only contain orders for two award of the Purple Heart.  However, item 40 of his DA Form 20 and the Vietnam casualty roster shows he was also wounded in action and hospitalized for a wound on 1 June 1971.  He also provided a Purple Heart certificate for this wound.  Therefore, his DD Form 214 should be corrected to show an additional award of the Purple Heart.

2.  One of his units in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

3.  He served honorably during the period 18 March 1970 through 25 February 1972 and he received all "excellent" conduct and efficiency rating throughout this period.  His records do not contain any derogatory information in the form of time lost, NJP, or suspension of favorable personnel actions or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

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:

* deleting from his DD Form 214 for the period ending 25 February 1972 two Purple Hearts
* awarding him the Army Good Conduct Medal (1st Award) for the period 
18 March 1970 through 25 February 1972
* 
adding to his DD Form 214 the:

* Purple Heart (3rd Award)
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20120010373



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ABCMR Record of Proceedings (cont)                                         AR20120010373



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