IN THE CASE OF:	  

		BOARD DATE:	  14 May 2013

		DOCKET NUMBER:  AR20120019541 


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 award of two Purple Hearts.

2.  The applicant states his DD Form 214 does not show his awards.

3.  The applicant provides no additional documents.

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 19 May 1970.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service) he served in Vietnam from 19 October 1970 to 19 August 1971; 
      
   b.  item 38 (Record of Assignments) he served in Vietnam with B Company, 4th Battalion, 21st Infantry Regiment, 11th Brigade; 
   
   c.  item 38 excellent for all conduct and efficiency; and 
   
	d.  item 40 (Wounds) fractured vertebra, back on 13 February 1971.

4.  His record contains:

	a.  General Orders 8858, issued by Headquarters, 23d Infantry Division, dated 8 August 1971, which awarded him the Purple Heart for wounds received on 7 August 1971; 

	b.  General Orders 129, issued by Headquarters, 91st Evacuation Hospital, dated 9 August 1971, which awarded him the Purple Heart for wounds received on 7 August 1971; and 

	c.  General Orders 10125, issued by Headquarters, 23d Infantry Division, dated 11 September 1971, which awarded him the Bronze Star Medal.

5.  His name is listed on the Vietnam casualty roster as being wounded in action on 7 August 1971.  

6.  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 orders awarding the applicant the Army Good Conduct Medal (1st Award) or a second award of the Purple Heart.

7.  He was honorably released from active duty on 31 December 1971.  He completed 1 year, 7 months, and 12 days of total active service with no time lost.  The DD Form 214 he was issued shows award of the National Defense Service Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Service Medal with "1960" Device, Combat Infantryman Badge, Army Commendation Medal, two Overseas Service Bars, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M16), and Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M60).  
8.  His records do not contain orders awarding him the Army Good Conduct Medal.  However: 

* There is no derogatory information in his record that would have disqualified him from being recommended for or awarded the first award of the Army Good Conduct Medal
* Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service

9.  A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following campaigns:

* Counteroffensive, Phase VII (1 July 1970 to 30 June 1971)
* Consolidation I (1 July 1971 to 30 November 1971)

11.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was 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 and no convictions by a court-martial.  

12.  Department of the Army General Orders (DAGO) Number 8, dated 1974, awarded 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.  Evidence of record shows the 23d Infantry Division and the 91st Evacuation Hospital both issued orders awarding the applicant the Purple Heart for wounds received on 7 August 1971.  Therefore, he is only entitled to one award of the Purple Heart for wounds received on 7 August 1971.

2.  There is no corroborating evidence nor did the applicant submit any corroborating evidence showing the wound he received on 13 February 1971 was the result of hostile action or was treated by medical personnel.  The applicant's name is not listed on the Vietnam casualty listing or in ADCARS as having been wounded on 13 February 1971.  Therefore, he is not entitled to a second award of the Purple Heart.

3.  General orders show he was awarded the Bronze Star Medal.  Therefore, he is entitled to have his record corrected to show this award.

4.  The available evidence shows he served honorably from 19 May 1970 to 
30 December 1971 and he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information in his record that would have disqualified him for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show the Army Good Conduct Medal.

5.  DAGO show the unit the applicant was assigned to in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  The applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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:

a.  awarding him the Army Good Conduct Medal (1st Award) for the period
19 May 1970 to 30 December 1971;

   b.  deleting from his DD Form 214 the Vietnam Service Medal with one bronze service star; and 
   
	c.  adding to his DD Form 214 the Purple Heart, Bronze Star Medal, Army Good Conduct Medal (1st Award), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Vietnam Service Medal with two bronze service stars.

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 correcting his DD Form 214 to show award of a second 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)                                         AR20120019541



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ABCMR Record of Proceedings (cont)                                         AR20120019541



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