IN THE CASE OF:	

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003526 


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, the daughter of a deceased former service member (FSM), requests the FSM be awarded the Purple Heart (2nd Award). 

2.  The applicant states that prior to the FSM's death, the FSM often talked about an incident in which he should have been awarded the Purple Heart, the first of two Purple Hearts, but never did.  It was something the FSM felt strongly about which is the reason she is following through with the issue.  She contends that she found the DD Form 1380 (U.S. Field Medical Card) shortly after the FSM's death.  

3.  The applicant provides a copy of a DD Form 1380.  

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 FSM was inducted into the Army on 9 April 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman) upon completion of initial entry training.  

3.  Headquarters (HQ), U.S. Army Training Center, Fort McClellan, AL, Special Orders Number 191, dated 6 August 1968, awarded the FSM the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  

4.  HQ, The Student Brigade, Fort Brag, NC, Special Orders Number 232, dated 20 September 1968, awarded the FSM the Parachutist Badge.

5.  The FSM's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he served in Vietnam from 23 October 1968 to 10 July 1969;

	b.  item 38 (Record of Assignments) he served with 4th Battalion, 503rd Infantry from 28 October 1968 to 17 June 1969 and that he was in a patient status beginning on 18 June 1969;

	c.  item 38, he received "excellent" conduct and efficiency ratings throughout most of his active duty service and that he received ratings of "unknown" while in a patient status;

	d.  item 40 (Wounds) he sustained a gunshot wound to the back on 18 June 1969.

6.  HQ, 173rd Airborne Brigade Special Orders Number 41, dated 10 February 1969, awarded the FSM the Combat Infantryman Badge.  

7.  The FSM's record is void of any derogatory information or a unit commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.

8.  On 22 September 1969, the FSM was retired by reason of permanent physical disability in the rank and grade of specialist four/E-4 after completing 
1 year, 5 months, and 14 days of active duty service with no lost time.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal with Device 1960
* Purple Heart
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)

9.  There is no evidence in the FSM's records indicating he was awarded a second award of the Purple Heart.  

10.  The FSM name is included in the Vietnam Casualty List as being wounded as a result of hostile action on 18 June 1969. 

11.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the Purple Heart pertaining to the FSM.

12.  The applicant provides a DD Form 1380, authenticated by medical personnel, which indicates that on 3 May (presumably in 1969) at 1850 hours, the FSM's unit was setting up when the unit received sniper fire.  The opening burst of fire hit the FSM's hand cutting his finger.  First aid stopped the bleeding and no medical evacuation was required as his wound was minor.  The DD Form 1380 also indicates the wound was as a result of hostile fire.  

13.  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 shows that during his service in Vietnam, the FSM participated in the following four campaigns:

* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 – 
2 February 1969) 
* Tet 69/Counteroffensive (23 February - 8 June 1969) 
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)


14.  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 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  

15.   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 4th Battalion, 503rd Infantry it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970 by Department of the Army General Order (DAGO) Number 51, dated 1971 and for award of the Republic of Vietnam Civil Honor Medal First Class Unit Citation by for the period 15 April 1969 to 16 March 1971 by DAGO Number 5, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM should be awarded a second Purple Heart has been carefully considered.  

2.  A DD Form 1380 indicates the FSM was wounded by hostile sniper fire on 
3 May 1969.  Therefore, it would be appropriate to award him the Purple Heart (2nd Award) at this time and to add this award to his DD form 214.

3.  The evidence of record confirms the FSM received "excellent" conduct and efficiency ratings throughout most of his active duty service and his record is void of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal.  He received ratings of "unknown" while in a patient status; however, the governing regulation at the time stipulated that rating of "unknown" for portions of the period under consideration were not disqualifying.  It appears an administrative error occurred that resulted in the FSM not being awarded the Army Good Conduct Medal.  Therefore, it would be appropriate at this time to award him the Army Good Conduct Medal (1st Award) for the period 9 April 1968 to 22 September 1969 and to add this award to his DD Form 214.

4.  Special orders show the FSM was awarded the Combat Infantryman Badge, Parachutist Badge, and the Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar.  These badges should be added to his DD Form 214.  

5.  The FSM participated in four campaigns during his service in Vietnam that entitles him to four bronze service stars for wear on the already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

6.  The FSM's unit in Vietnam was cited for awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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:

	a.  awarding the FSM the Purple Heart (2nd Award) for wounds sustained on 3 May 1969;

	b.  awarding the FSM the Army Good Conduct Medal (1st Award) for the period 9 April 1968 to 22 September 1969;

	c.  deleting the Purple Heart and the Vietnam Service Medal from the FSM's DD Form 214; and 

	d.  adding to the FSM's DD Form 214 the:

* Purple Heart (2nd Award)
* Army Good Conduct Medal
* Vietnam Service Medal with four bronze service stars
* Combat Infantryman Badge
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Honor Medal First Class 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)                                         AR20130003526



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ABCMR Record of Proceedings (cont)                                         AR20130003526



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