IN THE CASE OF:	  

		BOARD DATE:	  12 December 2013

		DOCKET NUMBER:  AR20130005579 


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 he was awarded three Purple Hearts.

2.  The applicant states, in effect:

* he received three awards of the Purple Heart, but they are not listed on his DD Form 214
* he was awarded one Purple Heart in orders, dated 15 March 1967; a second Purple Heart in orders, dated 1 July 1967; and a third Purple Heart with his Bronze Star Medal (BSM)

3.  The applicant provides:

* Purple Heart Certificate, dated 15 March 1967
* Purple Heart orders, dated 1 July 1967
* BSM with "V" Device orders, dated 16 August 1967
* 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 Army of the United States on 23 March 1966.  He arrived in Vietnam on 4 October 1966.  He served as a light weapons infantryman assigned to Company C, 4th Battalion, 23rd Infantry, 25th Infantry Division, in Vietnam from 27 October 1966 to 5 October 1967.

3.  Headquarters, 25th Infantry Division, General Orders Number 930, dated 15 March 1967, show he was awarded the Purple Heart for wounds received in action on 13 March 1967.

4.  Headquarters, 25th Infantry Division, General Orders Number 2690, dated 1 July 1967, show he was awarded the Purple Heart for wounds received in action on 29 June 1967.

5.  Headquarters, 25th Infantry Division, General Orders Number 3274, dated 16 August 1967, show he was awarded the BSM with "V" Device for heroism in action on 29 June 1967.  The citation for this award states, "Although receiving fragment wounds, he maintained the platoon as an effective fighting unit throughout the remainder of the battle."

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded in action on 13 March 1967 and 29 June 1967.

7.  On 22 March 1968, he was honorably released from active duty in the temporary rank of sergeant after completing 2 years of creditable active service with no lost time.

8.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* BSM with "V" Device
* Parachutist Badge

9.  The Vietnam casualty roster shows he was wounded in action on 13 March 1967 and 29 June 1967.

10.  There are no orders in the available records which show he was awarded a third Purple Heart.

11.  There is no evidence that the applicant received the first award of the Army Good Conduct Medal.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal.  His DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.

12.  Records show he participated in two campaigns during his service in Vietnam.

13.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained 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 regulation states 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.

14.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.

15.  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.

16.  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, 23rd Infantry, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation in Department of the Army General Orders (DAGO) Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation in DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded two Purple Hearts for wounds received in action on 13 March 1967 and on 29 June 1967.

2.  He contends he received his third award of the Purple Heart with his BSM for heroism in action on 29 June 1967.  Although the orders for award of the BSM with "V" Device were not published until 16 August 1967, approximately 7 weeks later, the heroic act for which he was recognized corresponds with his second award of the Purple Heart.  There is no evidence he was wounded in two separate incidents on 29 June 1967 or on any date other than 13 March 1967 and 29 June 1967.  Therefore, there is insufficient evidence on which to base a third award of the Purple Heart.

3.  He was honorably released from active duty in the temporary rank of sergeant with 2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 23 March 1966 through 22 March 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) and his DD Form 214 should be corrected to show this award.

4.  His DD Form 214 shows he was awarded the Vietnam Service Medal with one bronze service star; however, he participated in two campaigns during service in Vietnam that entitles him to two bronze service stars.  Therefore, his DD Form 214 should be corrected to show the Vietnam Service Medal with two bronze service stars.

5.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment in Vietnam.  Therefore, his DD Form 214 should be corrected to show these unit awards.



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 23 March 1966 through 22 March 1968;

	b.  deleting award of the Vietnam Service Medal with one bronze service star from his DD Form 214; and

	c.  adding award of the Purple Heart (2nd Award), Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 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 third 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)                                         AR20130005579



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ABCMR Record of Proceedings (cont)                                         AR20130005579



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