IN THE CASE OF:	  

		BOARD DATE:	 29 October 2013 

		DOCKET NUMBER:  AR20130005738 


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 Sates Report of Transfer or Discharge) to show three awards of the Purple Heart.

2.  The applicant states the awards were overlooked and not added to his
DD Form 214.

3.  The applicant provides his DD Form 214 and an "Official Statement of Award of Purple Heart."

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 9 December 1965.  Upon completion of training he was awarded military occupational specialty 13A (Field Artillery Basic).

3.  Special Orders Number 35, issued by Headquarters, 7th Howitzer Battalion, 13th Artillery, Fort Irwin, CA, dated 19 August 1966, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).

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

	a.  item 31 (Foreign Service) he served in Vietnam from 13 October 1966 through 6 December “1967” (should read 6 December 1966) and that he was medically evacuated from Vietnam;

	b.  item 38 (Record of Assignments), during his service in Vietnam he was assigned to Battery A, 7th Howitzer Battalion, 13th Artillery from 28 October 1966 through 5 December 1966;

	c.  item 38, he was reassigned to the Medical Holding Detachment, 249th General Hospital, Japan, in a patient status;

	d.  item 38, he received "excellent" conduct and efficiency ratings throughout of his active duty service, except for his period of service in a patient status wherein he received conduct and efficiency ratings of "unknown";

	e.  item 40 (Wounds), he sustained shrapnel wounds to the right side of his body on 14 November 1966.

5.  His record contains a Western Union Telefax to his mother, dated
16 November 1966, that indicates the applicant was placed on the seriously ill list in Vietnam on 14 November 1966 as a result of metal fragment wounds to the abdomen, liver, gallbladder, and pancreas sustained while on a combat operation against a hostile force.

6.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows one entry of the applicant's name as a casualty on 14 November 1966 under casualty status code "22."  This casualty code refers to "hostile wounded in action, serious, hospitalized."

7.  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 United States Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

8.  There are no orders in his available record that shows he was awarded any Purple Hearts.

9.  There is no evidence of any derogatory information or a unit commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.

10.  On 8 December 1967, he was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4.  He completed 2 years of total active service with no time lost.  His DD Form 214 shows he was awarded or authorized the:

* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* National Defense Service Medal

11.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It 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.  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.

	b.  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 Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) campaign.

12.  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.

13.  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 7th Battalion, 13th Artillery it was cited for award of the:

* Meritorious Unit Commendation for the period 9 November 1966 through 31 December 1968 by Department of the Army General Order (DAGO) Number 70, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by DAGO Number 54, dated 1974

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show three awards of the Purple Heart has been carefully considered.

2.  His record contains a Western Union Telefax indicating he was seriously wounded as a result of hostile actions on 14 November 1966.  His name is also reflected on the Vietnam casualty listing as being wounded as a result of hostile action on the same date.  Therefore, his DD Form 214 should be corrected to show this award of the Purple Heart.

3.  The evidence of record confirms he received all "excellent" conduct and efficiency ratings throughout his service, except of a period of "unknown" ratings while in the hospital in a patient status, that was not disqualifying.  His record is also void of any derogatory information or a commander's disqualification that would have precluded him from being recommended for or awarded the first award of 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 December 1965 through 8 December 1967 and to add this award to his
DD Form 214.

4.  Special orders awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, his DD Form 214 should be corrected to show this marksmanship qualification badge.

5.  Records show he participated in one campaign during his service in Vietnam. Therefore, he is entitled to one bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

6.  His unit in Vietnam was cited for award of the Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.

7.  There is no evidence of record and the applicant did not provide any evidence that shows he was wounded as a result of hostile actions on three separate occasions.  Therefore, there is insufficient evidence in which to base correcting his DD Form 214 to show two additional awards of the Purple Heart.

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.  deleting from his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
9 December 1965 through 8 December 1967;

	c.   adding to his DD Form 214 the:

* Purple Heart 
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with one bronze service star
* 
Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

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 any more than one 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)                                         AR20130005738



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ABCMR Record of Proceedings (cont)                                         AR20130005738



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