BOARD DATE:	  29 October 2013

		DOCKET NUMBER:  AR20130003690 


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 (Report of Transfer or Discharge) to show a second Purple Heart.

2.  The applicant states, in effect, the telegram and newspaper articles that he has provided show he was wounded in action twice.  He related in a subsequent telephone conversation (report attached) that he sustained a through and through bullet wound that shattered his left femur.  

3.  The applicant provides copies of newspaper articles from unknown sources stating he had been wounded in action on 11 May 1969 and on 21 May 1971 and a telegram. 

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.  Following almost a year in the Tennessee Army National Guard the applicant enlisted in the Regular Army, on 5 September 1968.  After his tour of active duty he again served in the Army National Guard; consequently, his records are incomplete.  The applicant’s DD Form 214 shows he served in Vietnam from 
23 October 1968 – 21 June 1969 and from 28 October 1970 – 12 June 1971.

3.  His separation physical examination, dated July 1971, notes a 1969 fractured left femur and evacuation to Japan as well as a 1971 back wound when a tank ran over a mine.

4.  An 11 September 1970 noncommissioned officer evaluation report (NCOER) shows the applicant was assigned to A Troop, 3rd Squadron, 5th Cavalry.

5.  Initially Headquarters, 95th Evacuation Hospital issued Orders Number 122, dated 25 May 1971, awarding the applicant the Purple Heart for wounds received in action on 22 May 1971.  However, these orders incorrectly showed the date the applicant was wounded.  Headquarters, 18th Surgical Hospital issued Orders Number 48, dated 27 May 1971, awarding the applicant the Purple Heart for wounds received in action on 21 May 1971.  Both orders listed his unit as A Troop, 3rd Squadron, 5th Cavalry. 

6.  Because there is no DA Form 20 (Enlisted Qualification Record) available it is impossible to determine his exact units of assignment.

7.  On 27 July 1971, the applicant was honorably released and transferred to the U.S. Army Reserve Control Group (Annual Training) in the rank of specialist five/E-5.  His DD Form 214 shows his military occupational specialty (MOS) as 11E (Armor Crewman).  His authorized awards are listed as the National Defense Service Medal, Vietnam Service Medal with five campaign stars, Republic of Vietnam Campaign Medal with Device (1960), two Overseas Service Bars, Purple Heart, and the Expert Marksmanship Qualification Badge with Rifle Bar.

8.  The applicant's name does not appear in the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 or the Vietnam Casualty Roster.

9.  In support of his request the applicant submitted copies of:

	a.  An undated newspaper article from an unknown source which appears to be a Hometown News Service release and which states the applicant:

* left California for Vietnam on 18 October 1968
* was seriously wounded in Vietnam on 11 May 1969
* received emergency treatment in Vietnam and he was flown to Japan where he went through two major operations within the past week
* was expected to be in the United States by July

	b.  An undated newspaper article from an unknown source which states the applicant was wounded in Vietnam on 11 May 1969.  He was flown to Japan and he was in a cast.

10.  A Western Union Telegram from The Adjutant General to the applicant's wife, states that he was slightly wounded in action on 21 May 1971 while a gunner on a military vehicle, on a combat operation, when a booby trap detonated.  He received a back injury and a laceration to his lower lip.  He was treated and hospitalized in Vietnam.

11.  A message, dated 23 May 1971, shows the applicant's wife and his parents were notified that he was wounded on 21 May 1971 while a gunner on a military vehicle on a combat operation when a booby trap detonated.  He received a back injury and a laceration to the lower lip.

12.  A Veterans Administration (VA) Request for Information, dated 7 March 1972, refers to a left leg injury in May 1969 and evacuation to Camp Drake, Japan.

13.  Army Regulation 600-8-22 (Military Awards) states 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.  This regulation also states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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, 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.  Service school efficiency ratings based upon academic proficiency of at least “Good” rendered subsequent to 22 November 1955 were not disqualifying.  There must have been no convictions by a court-martial.

15.  Department of the Army Pamphlet 672-3 Unit Citation and Campaign Credit Register shows Department of the Army General Order (DAGO) 42, dated 1972 awarded the 3rd Squadron, 5th Cavalry the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show a second Purple Heart.

2.  The official messages, notifications, and orders that are available show the applicant was awarded the Purple Heart for a wound sustained in action on 
21 May 1971.

3.  There are no orders in ADCARS awarding him the Purple Heart for wounds sustained on 11 May 1969 and his name is not listed on the Vietnam Casualty Roster.  However, the newspaper articles that the applicant provided cite specific details of his service and state that he was medically evacuated to Japan due to being wounded and that he had undergone two major operations in one week.  Additionally:

* his separation physical examination references that he fractured his left femur and evacuated to Japan
* the 1972 VA Request for Information cites a 1969 injury

4.  Taking into consideration all of the above factors the evidence is sufficient to warrant a favorable consideration of his request to add a second Purple Heart to his DD Form 214 for wounds sustained on 11 May 1969.

5.  Based on the fact that he was separated in pay grade E-5 with less than 3 full years of active service it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal.  He should be awarded the Army Good Conduct Medal for the period 5 September 1968 through 27 July 1971.

6.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

7.  The applicant’s records should be corrected as recommended below.



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 him the Purple Heart for a wound sustained on 11 May 1969 and the Army Good Conduct Medal (1st Award) for the period 5 September 1968 through 27 July 1971;

	b.  deleting the Purple Heart from his DD Form 214; and 

	c.  adding to his DD Form 214 the:

* Purple Heart with Oak Leaf Cluster
* Army Good Conduct Medal
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20130003690



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ABCMR Record of Proceedings (cont)                                         AR20130003690



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