IN THE CASE OF:	  

		BOARD DATE:	  28 May 2013

		DOCKET NUMBER:  AR20120017900 


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 and the Bronze Star Medal.

2.  The applicant states he was assigned to Headquarters and Headquarters Company (HHC), 1st Battalion, 27th Infantry, 25th Infantry Division, in the Republic of Vietnam (RVN).

   a.  He was wounded during two separate mortar attacks and he sustained shrapnel wounds to his foot and his back.  As a result, he received two awards of the Purple Heart and also the Bronze Star Medal for meritorious service.

   b.  He adds that he has the certificates and medals for the awards, but he cannot locate the orders and the awards are not recorded on his DD Form 214.

3.  The applicant provides copies of his:

* Purple Heart Certificate
* Bronze Star Medal Certificate, Citation, and newspaper article
* 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 U.S. Army on 31 August 1966.  He was awarded military occupational specialty 11H (Infantry Direct Fire Crewman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 17 February 1967 through 11 February 1968;

   b.  item 33 (Appointments and Reductions) he was promoted to sergeant/pay grade E-5 on 30 November 1967;

	c.  item 38 (Record of Assignments):

	 	(1)  HHC, 1st Battalion, 27th Infantry, 25th Infantry Division, from
27 February 1967 through 10 February 1968;

	 	(2)  he received "excellent" conduct and efficiency ratings throughout the entire period of his military service; and

	d.  item 40 (Wounds) is blank (no entry).

4.  The applicant's military personnel record contains copies of the following general orders issued by Headquarters, 25th Infantry Division:

* General Orders Number 273, dated 20 January 1968, awarding him the Bronze Star Medal for meritorious service in the RVN from February 1967 to January 1968
* General Orders Number 3081, dated 20 April 1968, awarding him the Purple Heart for wounds received in action in the RVN on 2 February 1968

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 12 June 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training).
   a.  He completed 1 year, 9 months, and 12 days of active service that included 11 months and 25 days of foreign service.

	b.  Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* one Overseas Service Bar

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster shows the applicant's name is listed once as a casualty on 2 February 1968, under casualty status code "24" (wounded in action, not serious, not hospitalized).

7.  A 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 additional individual award orders pertaining to the applicant.

8.  In support of his request, the applicant provides the following documents:

   a.  DA Form 4980-10 (Purple Heart Certificate), dated 20 April 1968, that shows he was awarded the Purple Heart for wounds received in action in the RVN on 2 February 1968; and

   b.   DA Form 4980-5 (Bronze Star Medal Certificate), dated 26 January 1968, Citation, and newspaper article that show he was awarded the Bronze Star Medal for meritorious service in the RVN from February 1967 to January 1968.

9.  Review of the applicant's military personnel record reveals he may be entitled to additional awards that are not shown on his DD Form 214.

   a.  Headquarters, U.S. Army Training Center, Infantry, Fort Lewis, WA, Special Orders Number 133, dated 26 October 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar;
   
   b.  Headquarters, Fort Polk, LA, Special Orders Number 301, dated
21 November 1966, awarded him the Expert Marksmanship Qualification Badge with Pistol (.45 caliber) Bar; and
   c.  Headquarters, Fort Polk, LA, Special Orders Number 319, dated
10 December 1966, awarded him the Expert Marksmanship Qualification Badge with Recoilless Rifle (106mm) Bar.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  It shows at the time of the applicant's assignment to HHC,
1st Battalion, 27th Infantry, the battalion was awarded the:

* RVN Gallantry Cross with Palm Unit Citation for the period January 1966 through August 1968 by Department of the Army General Orders (DAGO) Number  48 (1971)
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
1 January 1969 through 21 January 1970 by DAGO Number 51 (1971)

11. Army Regulation 600-8-22 (Military Awards) provides the policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  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.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

   b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967- 29 January 1968)
* Tet Counteroffensive (30 January - 1 April 1968)

12.  A review of the applicant's military personnel records failed to show he was awarded the Army Good Conduct Medal (1st Award).  This records review also failed to reveal any adverse information.

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal is awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

14.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for the Overseas Service Bar.  For Vietnam service, one overseas service bar was authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam were counted as whole months for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show two awards of the Purple Heart and the Bronze Star Medal.

2.  Records show the applicant was wounded in action in the RVN on one occasion, on 2 February 1968.

   a.  General orders awarded him the Purple Heart for wounds received in action 2 February 1968.  Thus, his DD Form 214 should reflect award of the Purple Heart.
   
   b.  There is no evidence of record that shows the applicant was wounded in action in the RVN on any other occasion or that he was awarded the Purple Heart for any such wounds.  Thus, he is not entitled to a second award of the Purple Heart.

   c.  Therefore, based on the available evidence, the applicant is entitled to correction of his DD Form 214 to show one award of the Purple Heart.

3.  The evidence of record also shows:

   a.  general orders awarded the applicant the Bronze Star Medal;

   b.  general orders awarded the applicant's unit the:

* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation

	c.  special orders awarded the applicant the:

* Expert Marksmanship Qualification Badge with Pistol (.45 caliber) and Recoilless Rifle (106mm) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
   
   d.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam.  Thus, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal; and

   e.  he qualified for two Overseas Service Bars based on his service in Vietnam.

4.  The applicant served a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal from 31 August 1966 through
12 June 1968.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

	b.  He was awarded the Bronze Star Medal for meritorious service in the RVN from February 1967 to January 1968.

	c.  He was promoted to SGT (E-5) with only 15 months of active service.

   d.  He received "excellent" conduct and efficiency ratings during his service.

   e.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award) at the time of the applicant's separation processing, based on the available evidence, it would be appropriate to award the applicant this medal.

5.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
31 August 1966 through 12 June 1968 (Standard Name Line:  SGT Company B, 5th Battalion, 1st Infantry, Fort Campbell, Kentucky);

   b.  deleting from item 24 of his DD Form 214 the:

* "Vietnam Service Medal"
* "One Overseas Service Bar"

	 c.  adding to his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with three bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Pistol (.45 caliber) and Recoilless Rifle (106mm) Bars
* Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar
* 2 Overseas Service Bars

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)                                         AR20120017900



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ABCMR Record of Proceedings (cont)                                         AR20120017900



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