IN THE CASE OF:	  

		BOARD DATE:  3 December 2013

		DOCKET NUMBER:  AR20130006990 


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 award of two Purple Hearts.

2.  The applicant states he should have been awarded two Purple Hearts.  No record entry was made for a Purple Heart for his first injury.  He sustained a gunshot wound in his right arm in December 1966 and a gunshot wound in his left shoulder in February 1967.  He has a disability for the gunshot wound.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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 enlisted in the Regular Army on 28 June 1966.  He completed training in military occupational specialty (MOS) 11B (Light Weapons Infantryman) and was transferred to Vietnam.

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

	a.  item 31 (Foreign Service), service in Vietnam from 14 December 1966 through 26 April 1967 and in Korea from 28 April 1967 through 9 February 1968;

	b.  item 38 (Record of Assignments), in part:

* from 22 December 1966 through 14 February 1967 as a rifleman in MOS 11B in Company D, 2nd Battalion, 5th Cavalry
* from 15 February through 25 April 1967 as a patient in the Medical Holding Detachment, 249th General Hospital, in Japan
* from 8 May to 18 November 1967 as a gunner and tank driver in MOS 11E (Armor Crewman) in Company C, 1st Battalion, 73rd Armor

	c.  item 38 (Record of Assignments), his conduct and efficiency ratings were "excellent" except for ratings of "unknown" while he was hospitalized and while he was performing temporary duty in support of the Reserve Officers' Training Corps Summer Camp, Fort Bragg, NC;

	d.  item 40 (Wounds), he sustained a fragmentary wound to his left shoulder on 9 February 1967; and

	e.  item 41 (Awards and Decorations):

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle, Pistol, and Tank Weapons Bars
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

4.  The applicant returned to the United States following his service in Korea.  He was honorably released from active duty on 27 June 1969 and transferred to the U.S. Army Reserve in the rank of staff sergeant, pay grade E-6.  His DD Form 214 lists the same awards as recorded on his DA Form 20, with the omission of the Sharpshooter Marksmanship Qualification Badges for the pistol and tank weapons.

5.  The medical history the applicant reported and the doctors report of his 28 March 1969 separation physical both mention the wound to his left shoulder.  There is no evidence of record concerning a wound sustained in December 1966.

6.  The applicant's service medical records are not available for review.  Presumably, they have been loaned to the Department of Veterans Affairs (VA).

7.  The Vietnam casualty roster shows the applicant was wounded in action on 9 February 1967.

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 pertaining to award of the Purple Heart to the applicant.

9.  Army Regulation 600-200 (Enlisted Personnel Management), in effect at the time, stated a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization, would be entered in item 40 of the DA Form 20.  This regulation further stated the date the wound or injury occurred would also be entered in item 40.

10.  The applicant appears to be eligible for other awards not included in his request.

11.  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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  There must have been no convictions by a court-martial.  

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The 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 will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Qualifying campaigns for the Vietnam Service Medal included the Vietnam Counteroffensive Phase V from 1 July 1966 through 31 May 1967.

	b.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The area of eligibility encompasses all land area of the Republic of Korea and the contiguous water out to 12 nautical miles and all air spaces above the land and water area.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or 60 nonconsecutive days.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the 2nd Battalion, 5th Cavalry Regiment, was awarded and Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through 19 May 1969 by Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's February 1967 wound is recorded in item 40 of his DA Form 20 and qualifies for award of the Purple Heart.

2.  Unfortunately, there is no available evidence of a December 1966 wound.  That portion of the request should be denied due to lack of evidence.

3.  The applicant clearly distinguished himself by his "excellent" conduct and efficiency ratings, offense-free record, and progress to the rank of staff sergeant during a 3-year enlistment.  Notwithstanding the absence of a commander's recommendation, he should be awarded the Army Good Conduct Medal (1st Award).

4,  The applicant served in Vietnam during a designated campaign and is authorized one bronze service star for wear on the Vietnam Service Medal.

5.  His unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for a period of time during which the applicant was assigned for duty.

6.  The applicant served in Korea for more than 30 consecutive days and is qualified for award of the Korea Defense Service Medal.

7.  In addition to the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) presently shown on his DD Form 214, the applicant qualified as Sharpshooter with the pistol and tank weapons.

8.  All of the applicant's awards should be correctly shown on his DD Form 214.

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 Purple Heart for wounds sustained in action on 9 February 1967,

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 28 June 1966 to 27 June 1969,

	c.  adding the following awards to his DD Form 214:

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Korea Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Pistol and Tank Weapons Bars
* one bronze service star for his previously-awarded Vietnam Service Medal

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 a second award of the Purple Heart for a wound sustained in December 1966.



      _______ _  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)                                         AR20130006990



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ABCMR Record of Proceedings (cont)                                         AR20130006990



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