IN THE CASE OF:	  

		BOARD DATE:	  23 April 2013

		DOCKET NUMBER:  AR20120017886 


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.  The applicant states that his DD Form 214 does not reflect his two awards of the Purple Heart.

3.  The applicant provides orders and a Purple Heart Certificate for wounds received in action on 1 April 1970.

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 12 June 1969.  He completed basic training at Fort Bragg, North Carolina, and advanced individual training as a medical corpsman at Fort Sam Houston, Texas, before being transferred to Vietnam on 5 December 1969.

3.  He was assigned to Headquarters and Headquarters Company, 4th Battalion, 21st Infantry Regiment, for duty as a medical corpsman.  He participated in two campaigns in Vietnam.

4.  The applicant was wounded in action on 1 April 1970 by fragments from a booby trap while en route to a night defensive position.  He sustained wounds to his right eye, right leg, and head and was medically evacuated to the 91st Evacuation Hospital (Semimobile).

5.  Headquarters, 91st Evacuation Hospital (Semimobile), General Orders Number 81, dated 2 April 1970, awarded him the Purple Heart with 1st Oak Leaf Cluster for wounds sustained in action on 1 April 1970.  He was medically evacuated to Japan and then to the hospital at Fort Gordon, Georgia.

6.  On 19 November 1970, he was permanently retired by reason of physical disability with a 40-percent disability rating.  He completed 1 year, 5 months and 8 days of active service.  His DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal (VSM), Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

7.  A review of the available records and the Vietnam casualty listing failed to show evidence of the applicant being wounded twice in Vietnam.  However, his records do show he was awarded the Army Commendation Medal (ARCOM) for meritorious achievement during the period 30 January to 28 February 1970 in General Order Number 2992 issued by Headquarters, Americal Division, on 25 March 1970.  He was also awarded the ARCOM with 1st Oak Leaf Cluster for meritorious service during the period of December 1969 to April 1970 in General Orders Number 4415 issued by Headquarters, Americal Division, on 3 May 1970.

8.  His records also show he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) states 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.  The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria.  A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster will be awarded to be worn on the medal or ribbon for each subsequent award.  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.

11.  Army Regulation 600-8-22 states the Combat Medical Badge (CMB) is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental, or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

12.  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 4th Battalion, 21st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period the applicant served with the unit.

DISCUSSION AND CONCLUSIONS:

1.  His records clearly show he was wounded in action in Vietnam on 1 April 1970 and he was awarded the Purple Heart with 1st Oak Leaf Cluster for that action.  Notwithstanding the orders and certificate showing the Purple Heart with 1st Oak Leaf Cluster – indicating a second award – there is no evidence in the available records showing he was previously awarded the Purple Heart.  In the absence of orders showing he was awarded the Purple Heart for a wound or injury sustained in a separate action, there is insufficient evidence to add a second award of the Purple Heart to his DD Form 214 at this time.
2.  There are also no orders awarding him the CMB; however, by virtue of his service as a medical corpsman in an infantry unit at the time he was wounded, he appears to meet the criteria for award of the CMB.  Therefore, he should be awarded the CMB and it should be added to his DD Form 214.

3.  The applicant received all "excellent" conduct and efficiency ratings throughout his service and there is no evidence of any disqualifying criteria for award of the AGCM.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 12 June 1969 through 19 November 1970 and to correct his DD Form 214 to show this award.

4.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is authorized two bronze service stars for wear on his already-awarded VSM and correction of his DD Form 214 to show these bronze service stars.

5.  The applicant was also awarded the ARCOM with 1st Oak Leaf Cluster and is entitled to have this award added to his DD Form 214 as well.

6.  His unit 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the AGCM (1st Award) for the period 12 June 1969 through 19 November 1970
* awarding him the CMB effective 1 April 1970
* adding award of the Purple Heart, ARCOM (2nd Award), AGCM (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, CMB, and two bronze service stars with his already-awarded VSM to his DD Form 214

2.  The Board further determined 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)                                         AR20120017886



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ABCMR Record of Proceedings (cont)                                         AR20120017886



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