BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140003334 


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 all of his awards, including the Purple Heart (2nd Oak Leaf Cluster (OLC)), Bronze Star Medal 
(1st OLC), and Army Commendation Medal with "V" Device (1st OLC).

2.  The applicant states his DD Form 214 shows one award of the Purple Heart (PH), one award of the Bronze Star Medal (BSM), and one award of the Army Commendation Medal (ARCOM).  However, he was wounded in action (WIA) in the Republic of Vietnam (RVN) on three occasions (i.e., in December 1968, January 1969, and March 1969).  In addition, he received two awards of the BSM and two awards of the ARCOM (one with the "V" Device for heroism on 1 March 1969).

3.  The applicant provides copies of two DA Forms 1380 (U.S. Field Medical Card), page 2 of a Standard Form (SF) 89 (Report of Medical History), a Veterans Administration (VA) Form 07-3101 (Request for Information), three PH award certificates, and his DD Form 214.

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 U.S. Army on 11 June 1968.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

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

* item 31 (Foreign Service) – Vietnam from 16 November 1968 through 
30 July 1969
* item 33 (Appointments and Reductions) – he was promoted to sergeant (SGT)/pay grade E-5 on 7 July 1969
* item 38 (Record of Assignments) – Company B, 6th Battalion, 
31st Infantry, 9th Infantry Division in the RVN, from 25 November 1968 through 30 July 1969
* item 40 (Wounds) –

* Gunshot wound (right side), 9 December 1968
* Fragment wound (left side), 1 March 1969

4.  Headquarters, 9th Infantry Division, General Orders (GO) awarded the applicant awards, as follows –

* GO Number 11254, dated 12 December 1968 – the PH for wounds received in action on 9 December 1968
* GO Number 2469, dated 3 March 1969 – the PH for wounds received in action on 1 March 1969
* GO Number 8513, dated 4 July 1969 – the BSM for meritorious service from November 1968 to July 1969
* GO Number 8518, dated 4 July 1969 – the BSM (1st OLC) for meritorious achievement from June 1969 to July 1969
* GO Number 4403, dated 12 April 1969 – the ARCOM with "V" Device for heroism on 1 March 1969
* GO Number 6736, dated 14 June 1969 – the ARCOM (1st OLC) for meritorious achievement from December 1968 to April 1969


5.  Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, Special Orders (SO) awarded the applicant the Marksmanship Qualification Badge, as follows –

* SO Number 205, dated 23 July 1968 – the Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar
* SO Number 221, dated 8 August 1968 – the Sharpshooter Marksmanship Qualification Badge with (M-16) Rifle Bar

6.  Headquarters, Second Advanced Individual Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, SO Number 197, dated 23 September 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar.

7.  The applicant's DD Form 214 shows he entered active duty this period on
11 June 1968, was honorably released from active duty on 28 April 1970, and transferred to the U.S. Army Reserve Control Group (Annual Training).

   a.  He had completed 1 year, 10 months, and 18 days of total active service this period that included 1 year, 5 months, and 11 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the -

* NDSM
* RVN Campaign Medal with Device (1960)
* BSM
* VSM
* ARCOM
* CIB
* PH

8.  A review of the applicant's military personnel records failed to reveal any evidence that he was WIA on a third occasion, or any orders or other evidence that shows he was awarded the PH (2nd OLC).

9.  A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster –

* shows the applicant's name as a casualty on –

* 9 December 1968, casualty status code 23 (hostile wounded in action:  not serious, hospitalized)
* 1 March 1969, casualty status code 24 (hostile wounded in action:  not serious, not hospitalized)

* does not show his name as a casualty in January 1969 or on any other occasion other than as indicated above

10.  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, Awards and Decorations Branch, failed to reveal any additional award orders pertaining to the applicant.

11.  In support of his application the applicant provides the following documents:

   a.  two DA Forms 1380:

* one of the forms shows the applicant was injured as a result of hostile action when he received a fragment wound to his chin and hand while on patrol.  The date/time of the injury shows "1930" hours, "15 Mar 69."  It is noted the form shows he received a tetanus shot at 1030 hours, 16 March 1969, and he was returned to duty at 1035 hours,   16 March 1969
* the other form is a poor copy and not decipherable, but appears to pertain to injuries he received on 9 December 1968

   b.  the reverse side of an SF 89, dated 21 April 1970, that shows, in pertinent part –

* item 31 (Have you had, or have you been advised to have, any operations?), a checkmark in the "Yes" column and notations indicating "March 15, 1969, Shrapnel."
* item 39 (Physician's Summary and Elaboration of All Pertinent Data), in pertinent part, a notation that shows, "Wounded in RVN – December 1968 – Shrapnel – March 1969"

   c.  VA Form 07-3101, dated 15 December 1970, that shows the clinical records for 1968 from the 3rd Field Hospital did not contain records pertaining to the applicant.  Verification was provided that the applicant had received a gunshot wound (right side) on 9 December 1968 and a fragment wound (left side) on 1 March 1969 as a result of hostile action.


   d.  Three PH certificates that show the applicant was awarded the PH for wounds received in action in the RVN on –

* 9 December 1968, signed by the Commander, 9th Infantry Division
* 11 December 1968, signed by the Commander, 3rd Field Hospital
* 1 March 1969, signed by the Commander, 9th Infantry Division

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.

   a.  It shows that the 6th Battalion, 31st Infantry Regiment, was cited in Department of the Army General Orders (DAGO) for award of the –

* RVN Gallantry Cross with Palm Unit Citation from –

* January 1969 to June 1969 in DAGO Number 59, 1969
* 29 July 1969 to 20 July 1970 in DAGO Number 55, 1971

* RVN Civil Actions Honor Medal First Class Unit Citation from –

* 19 December 1966 to 28 June 1969 in DAGO Number 59, 1969
* 26 July 1969 to 20 July 1970 in DAGO Number 59, 1969

   b.  This pamphlet also shows that not more than one RVN Gallantry Cross Unit Citation and one RVN Civil Actions Honor Medal Unit Citation will be worn by any individual.  Although multiple awards of these unit citations are not authorized for wear, official military and historical records will indicate all awards received.  

13.  Item 38 of the applicant's DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his military service.  A review of the applicant's military personnel records failed to reveal any adverse or derogatory information.  This review also failed to reveal evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (AGCM) (1st Award).

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying 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.  There must have been no convictions by a court-martial.  
15.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the PH was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the PH by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the PH directly by the hospital commander rendering treatment.

16.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
   
   a.  Paragraph 2-13 states an OLC is awarded to denote the second and each succeeding award of certain decorations, among which includes the PH, BSM, and ARCOM.

   b.  The PH is awarded to any member who was wounded or killed as a result of enemy action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the PH, it is necessary to establish the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

   c.  The VSM 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 VSM for participation in each credited campaign.
   
	d.  Appendix B contains a list of Vietnam Conflict campaigns.  During the applicant's service in Vietnam, participation credit was awarded for the following campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show all of his awards, including the PH (2nd OLC), BSM (1st OLC), and ARCOM with "V" Device (1st OLC).

2.  The evidence of record (i.e., the applicant's DA Form 20; GOs; The Adjutant General's Office, Casualty Division's Vietnam casualty roster; and VA medical records) show the applicant was WIA on two occasions (i.e., on 9 December 1968 and on 1 March 1969) and that he was awarded the PH (1st OLC).

3.  The applicant's claim to a third award of the PH was carefully considered.

	a.  The PH certificates he received for wounds sustained, that show the dates of 9 December 1968 and 11 December 1968, were issued by his division commander and the hospital commander, respectively.  Other than the entry on the PH certificate issued by the hospital commander, there is no evidence of record that shows the applicant was injured or WIA on 11 December 1968.  Thus, it appears the certificate that was issued by the Commander, 3rd Field Hospital, contains a typographic error with respect to the date of the injury.  As such, it is concluded that these two PH certificates substantiate one award of the PH to the applicant.

   b.  The applicant provides no military medical records that show he was injured as a result of enemy action in January 1969.

   c.  General orders awarded him the PH for wounds received in action on 
1 March 1969.

   d.  However, the U.S. Field Medical Card and Report of Medical History the applicant provides offers evidence that the applicant was on patrol and injured as a result of hostile action when he sustained a fragment wound to his chin and hand on 15 March 1969.  However, there are no orders that show he was awarded a third award of the PH (i.e., PH (2nd OLC)).

   e.  His DD Form 214 shows one award of the PH.  Thus, in view of the foregoing, his DD Form 214 should be corrected to show the PH (2nd OLC).

4.  The evidence of record also shows:

   a.  GOs awarded the applicant the –

* BSM
* BSM (1st OLC)
* ARCOM with "V" Device
* ARCOM (1st OLC)

   b.  the applicant qualified for award of the VSM and he participated in three campaigns during his service in Vietnam.  Thus, he is authorized three bronze service stars for wear on his already-awarded VSM.

	c.  GOs awarded the applicant's unit the –

* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation (2nd Award)

   d.  SOs awarded him the –

* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Automatic Rifle Bar

5.  The applicant served a period of continuous, honorable active duty enlisted service from 11 June 1968 through 28 April 1970.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the first award of the AGCM.

	b.  He was promoted to SGT (E-5) with less than 13 months of active duty and he received all "excellent" conduct and efficiency ratings during his service.

	c.  Based on the available evidence, it would be appropriate at this time to award the applicant the AGCM (1st Award) for the period 11 June 1968 through 28 April 1970.

6.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his awards and decorations, as recommended below.

BOARD VOTE:

__x______  ___x_____  _x____  GRANT FULL RELIEF 

________  ________  ________  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 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 (2nd Award) for wounds received in action in the Republic of Vietnam on 15 March 1969 (Standard Name Line:  SP4 Company B, 6th Battalion, 31st Infantry, 9th Infantry Division);

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 
11 June 1968 through 28 April 1970 (Standard Name Line:  SGT  Company B, 2nd Battalion, 5th Infantry, 25th Infantry Division, Schofield Barracks, HI);

   c.  deleting all of the awards listed in item 24 of his DD Form 214; and
   
	d.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal (1st Oak Leaf Cluster)
* Purple Heart (2nd Oak Leaf Cluster)
* Army Commendation Medal with "V" Device (1st Oak Leaf Cluster)
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with (M-14 and
M-16) Rifle Bar
* Marksman Marksmanship Qualification Badge with (M-16) Automatic Rifle Bar








2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam Conflict are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _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)                                         AR20140003334



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ABCMR Record of Proceedings (cont)                                         AR20140003334



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