IN THE CASE OF:	  

		BOARD DATE:	  22 January 2013

		DOCKET NUMBER:  AR20120012494 


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 a second award of the Purple Heart and the first award of the Army Good Conduct Medal.

2.  The applicant states he was given the medals but the awards are not shown on his DD Form 214.

3.  The applicant did not provide any additional evidence.  

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 on 27 August 1968 and he was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.  

3.  Headquarters, First Basic Combat Training Brigade, Fort Ord, CA, Special Orders Number 211, dated 22 October 1968, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 22 January 1969 to 22 October 1969.  It also shows he was assigned to the 23rd Administration Company during the period 25 January - 5 February 1969 and to Company D, 1st Battalion, 46th Infantry, 198th Infantry Brigade, during the period 6 February-21 May 1969.  It further shows he was in a patient status through the remainder of his tour in Vietnam.  

5.  Headquarters, Americal Division, General Orders Number 4675, dated 5 June 1969, awarded him the Purple Heart for wounds received on 12 May 1969.  

6.  The Vietnam casualty roster shows he was wounded in action on 12 May 1969.  It does not show he was wounded a second time.  There is also no evidence in his military record indicating he was awarded a second Purple Heart. 

7.  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 and maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal orders awarding him a second Purple Heart.

8.  Letterman General Hospital, Presidio of San Francisco, General Orders Number 138, dated 27 August 1970, awarded him the first award of the Army Good Conduct Medal for the period 27 August 1968 to 24 August 1970.  

9.  He was honorably released from active duty on 25 August 1970.  His 
DD Form 214 shows he earned the following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Purple Heart
* Combat Infantryman Badge
* Bronze Star Medal


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

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  A bronze service star is authorized with the Vietnam Service Medal for each campaign a member is credited with participating in while in Vietnam.  Appendix B of this regulation shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in two campaigns:

* Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969) 
* Tet 69 Counteroffensive (23 February - 8 June 1969) 

11.  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 that during his assignment to the 23rd Administration Company, it was cited for the Meritorious Unit Commendation for the period 1 January 1968 - 31 August 1969 by Department of the Army General Orders Number 53, dated 1970.

12.  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. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and 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 contention that his DD Form 214 should be corrected to show two awards of the Purple Heart and the first award of the Army Good Conduct Medal has been carefully reviewed.  

2.  Orders show he was awarded the first award of the Army Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this award.  

3.  Orders also show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, this badge should be added to his DD Form 214.
4.  Evidence shows he participated in two campaign phases during his service 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 to show these bronze service stars.  

5.  Based on his service in Vietnam while assigned to the 23rd Administration Company, he is entitled to the Meritorious Unit Commendation.  Additionally, all units that served in Vietnam were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these unit awards.

6.  There is no evidence in his military record showing he was awarded a second award of the Purple Heart.  The Vietnam casualty roster does not show that he was wounded on two different dates while in Vietnam.  Therefore, there is insufficient evidence on which to base awarding him a second award of the Purple Heart.  

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 all Department of the Army records of the individual concerned be corrected by:

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

	b.  adding to his DD Form 214 the following:

* Army Good Conduct Medal (1st Award) 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* 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 a second award of the Purple Heart.  




      _______ _   _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)                                         AR20120012494



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ABCMR Record of Proceedings (cont)                                         AR20120012494



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