BOARD DATE:	  30 January 2014

		DOCKET NUMBER:  AR20130007020 


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 award of the Silver Star and Purple Heart (3rd Award).

2.  The applicant does not provide a statement.

3.  The applicant provides 3 Purple Heart Certificates and a Silver Star Certificate. 

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 16 January 1970.  He completed training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 

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

* item 29 (Qualification in Arms) that he qualified as Marksman with the     M-14 and M-16 rifles and .45 caliber pistol; First Class Gunner (now called Sharpshooter) with the M-60 machine gun; and Second Class Gunner (now called Marksman) with the M-79 grenade launcher
* item 31 (Foreign Service) that his Vietnam service began on 26 June 1970 
* item 38 (Record of Assignments) that he was assigned to Company D, 2nd Battalion, 506th Infantry, 101st Airborne Division (Airmobile) in Vietnam from 20 July 1970 to 15 October 1970 and that he was in a patient status on 16 October 1970 and returned to the United States on or about 3 November 1970
* item 40 (Wounds) that he incurred a gunshot wound to his left arm on 23 July 1970 and multiple fragment wounds to the left shoulder on 10 October 1970
* item 41 (Awards and Decorations) that he was awarded the:

*	National Defense Service Medal
*	Vietnam Service Medal
*	Purple Heart
*	Combat Infantryman Badge

4.  General Orders Number 198, issued by Headquarters, 95th Evacuation Hospital, dated 24 July 1970, awarded the applicant the Purple Heart for wounds incurred on 23 July 1970.

5.  The Vietnam casualty roster shows he was wounded as a result of hostile action on 23 July 1970 and on 10 October 1970.

6.  General Orders Number 10009, issued by Headquarters, 101st Airborne Division (Airmobile), dated 27 August 1970, awarded the applicant the Purple Heart for wounds incurred in action on 23 July 1970.

7.  Special Orders Number 244, issued by Headquarters, 101st Airborne Division (Airmobile), dated 1 September 1970, awarded the applicant the Combat Infantryman Badge.

8.  General Orders Number 121, issued by Headquarters, 18th Surgical Hospital, dated 28 October 1970, awarded the applicant the Purple Heart for wounds incurred in action on 10 October 1970.

9.  General Orders Number 13805, issued by Headquarters, 101st Airborne Division (Airmobile), dated 18 November 1970, awarded the applicant the Silver Star.

10.  On 25 March 1971, he was honorably released from active duty and placed on the Temporary Disability Retired List (TDRL).  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal

11. On 31 December 1972, he was removed from the TDRL and transferred to the U.S. Army Reserve Control Group (Annual Training).

12.  The applicant provides a copy of his Silver Star Certificate and 3 Purple Heart Certificates.  His Purple Heart Certificates show two certificates were awarded from the Medical Corps and one certificate was awarded from the commanding general of his unit.

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

14.  A 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 additional orders awarding the applicant the Purple Heart.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

	a.   The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Any one of the following periods of continuous enlisted active Federal military service qualifies for award:

* each 3 years 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

   b.  A bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with two campaigns:
   
* DA Sanctuary Counteroffensive (1 May 1970-30 June 1970)
* Vietnam Counteroffensive Phase VII (1 July 1970-30 June 1971)

   c.  The marksman qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual qualified.

16.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Silver Star; therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The evidence of record does not support his request for correction of his DD Form 214 to show the Purple Heart (3rd Award).

	a.  He was awarded the Purple Heart for wounds received in action on 23 July 1970 and 10 October 1970.  He provides two Purple Heart Certificates given on 24 July 1970 and 14 October 1970 from the Medical Corps and a Purple Heart Certificate signed by the commanding general of his unit for wounds received in action while in Vietnam on 23 July 1970.  The Purple Heart Certificate signed by his commanding general appears to be a duplicate award already documented by the Medical Corps. 

   b.  General Orders Number 198, dated 24 July 1970, and General Orders Number 10009, dated 27 August 1970, both award the applicant the Purple Heart for wounds received in action on 23 July 1970.

	c.  Army Regulation 600-8-22 states only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

	d.  In light of the Purple Heart award duplication noted above, it would be appropriate to correct his DD Form 214 to show award of the Purple Heart (2nd Award).

3.  The applicant served honorably during the period 16 January 1970 through 25 March 1971.  He received "excellent" conduct and efficiency ratings throughout his period of service with no disciplinary actions or a commander's disqualification.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) and to correct his DD Form 214 to show this award.

4.  He was awarded the Vietnam Service Medal and he participated in two campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on the previously-awarded Vietnam Service Medal.

5.  The applicant was awarded the Combat Infantryman Badge; therefore, he is entitled to correction of his DD Form 214 to show this badge.

6.  Special orders awarded the applicant the Marksmanship Qualification Badge with Rifle Bar for the M-14, M-16, Pistol Bar for the .45 caliber pistol, and Grenade Bar for the M-79 grenade launcher.  Therefore, he is entitled to correction of his DD Form 214 to show this badge and appropriate bars.

7.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar for the M-60 machine gun.  Therefore, he is entitled to correction of his DD Form 214 to show this badge and appropriate bar.

8.  General orders awarded his unit of assignment in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, he is entitled to correction of his DD Form 214 to show this unit award.


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.  removing the Vietnam Service Medal and Purple Heart from his DD Form 214;

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 16 January 1970 through 25 March 1971;

	c.  adding the following to his DD Form 214:

		*	Silver Star
		*	Purple Heart (2nd Award)
*	Army Good Conduct Medal (First Award)
		*	Vietnam Service Medal with 2 bronze service stars
*	Republic of Vietnam Gallantry Cross with Palm Unit Citation
*	Combat Infantryman Badge
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Pistol Bar (.45 caliber), and Grenade Bar (M-79)
* Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60)

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 award of the Purple Heart (3rd Award).




      _______ _ 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)                                         AR20130007020



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ABCMR Record of Proceedings (cont)                                         AR20130007020



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