IN THE CASE OF:	  

		BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130010993


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 (BSM) and a second Purple Heart (PH) for his wound sustained on 21 November 1967.

2.  The applicant states:

   a.  he was discharged from the Army prior to his receipt of the BSM; and
   
   b.  he never received his second PH for the fragment wound he sustained in his left leg on 21 November 1967.
   
3.  The applicant provides:

* DD Form 214
* DD Form 20 (Enlisted Qualification Record)
* BSM Order
* United States Army Reserve (USAR) Discharge Order
* PH Order


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 military records show he enlisted in the Regular Army on 26 October 1965.  He was trained in and awarded military occupational specialty 11H (Infantryman Indirect Fire Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 4 June 1967 to 1 June 1968 with 4th Battalion, 503rd Infantry Regiment.  Item 38 (Record of Assignments) shows that he received no less than "excellent" conduct and efficiency ratings at each of his active duty assignments.  It also shows he was twice assigned in a “patient” status to the Patient Casual Company on 7 October and 22 November 1967.

4.  Item 40 (Wounds) of the DA Form 20 contains two entries which show he sustained a fragment wound to his left wrist on 27 September 1967 and a second fragment wound to his left leg on 21 November 1967.  Item 41 (Awards and Decorations) includes an entry which shows he qualified “marksman” with the
M-14 rifle.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains no derogatory information and there is no documented record of a unit commander disqualification that would have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  The applicant’s MPRJ includes the following two General Orders (GO):

   a.  Headquarters, 91st Evacuation Hospital, GO Number (#) 70, dated 2 October 1967, which announced his award of the PH for wounds received in action on 27 September 1967; and
   
   b.  Headquarters, 173rd Airborne Brigade, GO #1554, dated 6 June 1968, which announced his award of the BSM, for meritorious service in the RVN for the period June 1967 to June 1968.
   
7.  The applicant's record is void of an order that indicate he was ever awarded a second PH by proper authority while serving on active duty.

8.  On 25 October 1968, the applicant was honorably released from active duty, after completing 3 years of active military service and transferred to the U.S. Army Reserve.

9.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows he earned the following awards during his tenure on active duty:

* PH
* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal
* Parachutist Badge
* Combat Infantryman Badge

10.  During the processing of this case, a member of the Board staff reviewed the Department of the Army Vietnam casualty roster.  There are two entries on this document pertaining to the applicant that shows he was wounded in the RVN on 27 September and 21 November 1967.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  

	a.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states the PH is awarded to any member who has been wounded or killed in action.  In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer and that treatment must have been made a matter of the official record.  An oak leaf cluster is used to denote a second or succeeding awards.

	b.  Paragraph 2-13 of the awards regulation contains the regulatory guidance on the Vietnam Service Medal.  It states 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 the applicant's service in Vietnam, he participated in the following four campaigns:
* Vietnam Counteroffensive Phase III
* TET Counteroffensive
* Vietnam Counteroffensive Phase IV

12.  Army Regulation 672-5-1 (Awards) 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.  

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for campaign participation credit, assault-landing credit, and unit citation badges awarded during the Vietnam Conflict.  It confirms that during his tenure of assignment in the RVN with his unit (4th Battalion, 503rd Infantry Regiment) earned the Presidential Unit Citation (PUC) in Department of the Army General Order #2, dated 1982, and the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the BSM and two PH awards has been carefully considered and found to have merit.  His record and the evidence he provides confirms he was awarded the BSM by the appropriate award authority and it was announced in official orders.  As a result, it would be appropriate to add the BSM to his DD Form 214.

2.  The two entries contained in item 38 and 40 of the applicant’s DA Form 20 and the two entries contained on the DA VTN Casualty Roster confirms he was twice wounded in action on 27 September and 21 November 1967.  However, his MPRJ only shows he was awarded the PH once while serving on active duty and only one of these awards are listed on his DD Form 214.  Therefore, his record should be corrected at this time to show he was awarded the PH with OLC to signify both awards and it should be added to his DD Form 214.

3.  The applicant's record also confirms he received no less than "excellent" conduct and efficiency ratings at all of his active duty assignments.  Further, the record is void of any derogatory information or a specific disqualification by any of the active duty unit commanders for whom he served.  As a result, it would be appropriate to award him the first award of the AGCM, for his qualifying period of honorable active duty service from 26 October 1965 to 25 October 1968.
4.  The evidence of record confirms the applicant qualified “marksman” with the M-14 rifle and this qualification is not listed on his DD Form 214.  Accordingly, this qualification should be added to item 13 of his DD Form 214 at this time.

5.  The evidence of record also shows that based on the applicant's service and campaign participation in the RVN, he is also entitled to the PUC, RVN Gallantry Cross with Palms Unit Citation, and three bronze service stars to be affixed to his already-awarded VSM.  Thus, it would also be appropriate to add these awards to his DD Form 214 at this time.

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:

   a.  awarding him the Purple Heart with Oak Leaf Cluster for being wounded in action in the Republic of Vietnam a second time on 21 November 1967;

   b.  awarding him the first award of the Army Good Conduct Medal, for his qualifying honorable active duty service from 26 October 1967 to 25 October 1968; 
      
   c.  deleting the Vietnam Service Medal and Purple Heart from Item 24 of his DD Form 214 and adding the following list of awards:
   
* Bronze Star Medal
* Purple Heart with Oak Leaf Cluster
* Army Good Conduct Medal
* Vietnam Service Medal with three bronze service stars
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Marksman Marksmanship Qualification Badge with M14 Rifle Bar
   d.  issuing him a correction to his DD Form 214 to reflect these awards.




      __________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)                                         AR20130010993





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ABCMR Record of Proceedings (cont)                                         AR20130010993



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