IN THE CASE OF:	  

		BOARD DATE:	  2 December 2013

		DOCKET NUMBER:  AR20130005768 


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 the:

* Bronze Star Medal with “V” Device
* Purple Heart (2nd Oak Leaf Cluster or 3rd Award)
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Army Good Conduct Medal
* Republic of Vietnam Campaign Medal with “60” Device
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Action Honor Medal First Class Unit Citation

2.  The applicant states:

	a.  He was awarded the Bronze Star Medal with “V” Device in orders dated 18 September 1969.  He received the orders along with the certificate in the mail after his discharge.  He was wounded three times on two separate combat engagements during his tour in Vietnam.  He was awarded his first Purple Heart for wounds received as a crewmember when his armored personnel carrier struck a mine.  This was not recorded in his records.  He was awarded a second Purple Heart which is recorded in his records.  However, he was wounded twice during that engagement.  

	b.  Army Regulation 600-8-22 (Military Awards) specifies “Not more than one award [of the Purple Heart] will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion…”  His first injury was the wound to his forearm which he bandaged and then continued the assault.  The second injury was a wound to his chest which then caused his immediate evacuation from the battlefield.  He feels these wounds qualify as two separate injuries and qualifies him for two awards of the Purple Heart for that engagement.

	c.  He was awarded the Army Commendation Medal in orders dated 20 June 1969 but this award is not shown on his DD Form 214 nor are they included in his military records.

	d.  He is entitled to award of the Army Good Conduct Medal per Army Regulation 600-8-22.  His character of service does not reflect any derogatory information.  He did not receive this award upon his discharge from the Regular Army (RA) or the U.S. Army Reserve (USAR).  He would like to be retroactively awarded the Army Good Conduct Medal for his honorable military service.

	e.  He is authorized three bronze service stars on his Vietnam Service Medal based on the three campaigns he served in during his service in Vietnam.  His DD Form 214 shows the Republic of Vietnam Campaign Medal and does not denote the “60” Device.  He would like his DD Form 214 corrected to show the Republic of Vietnam Campaign Medal with “60” Device.

	f.  He is entitled to the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on his service in Vietnam while assigned to the 2nd Battalion, 2nd Infantry Regiment from 1 August 1968 to 1 June 1969.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* five orders
* an award certificate
* two letters
* eight pages from Army Regulation 600-8-22
* one page from DA Pamphlet 672-3 (Unit Citation and Campaign Participation Register, Decorations, Awards, and Honors)
* two pages titled Republic of Vietnam Campaign Medal

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’s records show he was inducted into the Army of the United States on 21 February 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  His DA Form 20 shows he served in Vietnam while assigned as follows from:

* 23 July 1968 to 1 June 1969, Company A, 2nd Battalion, 2nd Infantry Regiment
* 2 June 1969, in a patient status to the Medical Hold Detachment, 106th General Hospital 

3.  His records contain:

   a.  General Orders (GO) Number 13264, dated 20 December 1968, issued by Headquarters (HQ), 1st Infantry Division (ID), awarding him the Purple Heart for wounds received in action on 15 December 1968.
   
   b.  GO Number 120, dated 25 May 1969, issued by HQ, 24th Evacuation Hospital, awarding him the Purple Heart for wounds received in action on 24 May 1969.
   
   c.  GO Number 5703, dated 20 June 1969, issued by HQ, 1st ID, awarding him the Army Commendation Medal for meritorious service in Vietnam from August 1968 to May 1969.

4.  His records also contain GO Number 10896, dated 18 September 1969, issued by HQ, 1st ID, awarding him the Bronze Star Medal with “V” Device for heroism in action in Vietnam on 24 May 1969.  These GO, in part, stated, “Although painfully wounded in the arm [The Applicant] applied temporary first aid measures to the wound and continued to assault the insurgent strong holds until he received a severe chest wound.”
   
5.  He was honorably released from active duty on 20 February 1970.  He completed 2 years of creditable active service with no lost time.

6.  The DD Form 214 he was issued shows award of the:

* Purple Heart
* Combat Infantryman Badge
* National Defense Service Medal
* Vietnam Service Medal 
* Vietnam Campaign Medal (properly known as the Republic of Vietnam Campaign Medal with “60” Device)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  

8.  His records are void of any derogatory information, convictions by a court-martial, or a commander's disqualification that would have precluded him from being awarded the Army Good Conduct Medal (1st Award).

9.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified 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.

10.  Army Regulation 600-8-22 (Military Awards) states the:

   a.  Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  A bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  A review of his records shows that during his service in Vietnam he participated in three campaigns.

	b.  Purple Heart is awarded for a wound sustained in action against an enemy or 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.  It further states not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 2nd Infantry was cited for award of the: 

* Valorous Unit Award for the period 23 through 25 May 1969, by DAGO Number 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 June 1968 through 6 September 1969, by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965 through 7 April 1970, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms GO awarded the applicant the Army Commendation Medal and Bronze Star Medal with “V” Device which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  GO awarded him two awards of the Purple Heart while his DD Form 214 only reflects one award of the Purple Heart.  In addition, the citation in his orders for his Bronze Star Medal with “V” Device confirms he was wounded in action twice on 24 May 1969 and stated he continued with the assault after he was wounded in the arm until he sustained a more severe chest wound.  Therefore, it would be appropriate to award him the Purple Heart (3rd Award) for wounds received in action on 24 May 1969 and correct his DD Form 214 accordingly.

3.  The evidence of record confirms he served honorably from 21 February 1968 to 20 February 1970.  He served with distinction in Vietnam and he received all “excellent” conduct and efficiency ratings throughout his service.  His record is void of a commander's disqualification or any derogatory information that would have disqualified him from receiving the Army Good Conduct Medal (1st Award).  Therefore, it would be appropriate to award him this medal and correct his DD Form 214 to show the medal.

4.  His record confirms during his service in Vietnam he participated in three campaigns.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  GO awarded his unit in Vietnam the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  With respect to the Republic of Vietnam Campaign Medal with “60” Device, his DD Form 214 already shows the Vietnam Campaign Medal; however, as a matter of clarity there is no harm to the Army or the Soldier if his DD Form 214 is corrected to show the proper name of this medal.

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:

* awarding him the Purple Heart (3rd Award) for wounds received in action in Vietnam on 24 May 1969
* awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 21 February 1968 through 20 February 1970
* deleting form his DD Form 214 the Vietnam Service Medal and the Vietnam Campaign Medal
* adding to his DD Form 214 the:

* Purple Heart (3rd Award)
* Army Good Conduct Medal (1st Award)
* Bronze Star Medal with “V” Device
* Army Commendation Medal
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with “60” Device
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions 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)                                         AR20130005768





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ABCMR Record of Proceedings (cont)                                         AR20130005768



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