IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004505 


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 three awards of the Purple Heart. 

2.  The applicant states his DD Form 214 only shows one Purple Heart.  However, he was wounded three times in Vietnam.  On 7 February 1970, he was wounded in the throat by shrapnel; on 27 February 1970, he was wounded in the back and legs by shrapnel; and on 6 May 1970, he received burns when a tank hit a mine. 

3.  The applicant provides his DD Form 214 and a form titled Illinois Veteran's Commission.

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 10 March 1969.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 27 May 1970.

3.  He served in Vietnam from 3 August 1969 to 4 August 1970 while assigned to A Troop, 1st Squadron, 11th Armored Cavalry Regiment.  His DA Form 20 (Enlisted Qualification Record) shows from on or about 8 to 27 February 1970 he was assigned to the Patient Casualty Company, in a patient status, and he was assigned back to his unit on 28 February 1970.

4.  His record contains:

	a.  A Western Union Telefax, dated 7 February 1970, wherein his parents were notified he was wounded in action on that date by a fragment, while the driver of a military vehicle on a combat operation, when the area came under attack.  He received a wound to the chest and was treated and hospitalized in Vietnam.

	b.  A Western Union Telefax, dated 7 May 1970, wherein his parents were notified he was wounded in action on 6 May 1970 by a fragment, while on a military vehicle on a military mission when a mine detonated.  He received a wound to the head and was treated and hospitalized in Vietnam.

	c.  General Orders (GO) Number 64, dated 8 June 1970, issued by Headquarters, 11th Armored Cavalry Regiment, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force on 6 May 1970.

5.  He was honorably released from active duty on 15 January 1971 in the rank of SGT and he was transferred to the U.S. Army Reserve.  He completed 1 year, 10 months, and 6 days of creditable active service with no lost time.

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

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Campaign Medal
* Combat Infantryman Badge
* Purple Heart
* Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster (or 2nd Award)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 29 (Qualification in Arms) of the DA Form 20 shows he qualified as sharpshooter with the M-16 Rifle and as expert with the hand grenade.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service, except for the period from on or about 8 to 27 February 1970 when he received an "unknown" rating.  

8.  Item 40 (Wounds) of his DA Form 20 shows he received fragment wounds to his neck on 7 February 1970, to the back of his left leg on 27 February 1970, and to his head on 6 May 1970.

9.  His record is 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).

10.  The applicant provides an Illinois Veterans' Commission form, dated 23 February 1971, wherein it shows that he received treatment at the 35th Field Hospital, Vietnam from 7 to 21 February 1970 for shrapnel in his throat.  He was treated by a field medic on 27 February 1970 for shrapnel in his back and legs and on 6 May 1970 he was treated for a burn on his arm and for heat exhaustion when a tank hit a mine.

11.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated that 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 that the date the wound or injury occurred would also be placed in item 40.

12.  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.  However, "unknown" ratings do not disqualify individuals from award of the Army Good Conduct Medal.

13.  Army Regulation  600-8-22 (Military Awards) states 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 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 four campaigns.

14.  DA Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 11th Armored Cavalry was cited for award of the:

* Valorous Unit Award for the period 1 May 1970 through 29 June 1970, by Department of the Army General Order (DAGO) Number 42, dated 1972
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 through 15 February 1970 by DAGO Number 50, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The regulation in effect at the time specified for item 40 of a Soldier's DA Form 20 to enter a brief description of wounds or injuries received through hostile or enemy action requiring medical treatment and/or hospitalization.  The applicant's DA Form 20 confirms he was wounded as a result of hostile action in Vietnam on 7 February 1970, 27 February 1970, and 6 May 1970 while his DD Form 214 shows only one award of the Purple Heart.  

2.  As his DA Form 20 shows he was wounded in action on 27 February 1970 and he was assigned back to his unit from a patient status on 28 February 1970, it is reasonable to presume an administrative error occurred and the date of his return to his unit was entered incorrectly and that he was wounded in action on 27 February 1970 in addition to 7 February and 6 May 1970.  Therefore, his DD Form 214 should be corrected to show the Purple Heart (3rd Award). 

3.  He served honorably from 10 March 1969 through 15 January 1971.  He served in Vietnam, attained the rank of SGT, and received all "excellent" conduct and efficiency ratings throughout his service, except for the two-week period he was in a patient status and received "unknown" ratings.  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 shows during his service in Vietnam he participated in four campaigns.  Therefore, he is entitled to two additional 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 and the Republic of Vietnam Gallantry Cross with Palm 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.  His record shows he qualified as sharpshooter with the M-16 Rifle and as expert with the hand grenade.  Therefore, he is entitled to correction of his DD Form 214 to show the Sharpshooter Qualification Badge with Rifle Bar 
(M-16) and the Expert Marksmanship Qualification Badge with Hand Grenade Bar.

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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 10 March 1969 through 15 January 1971
* deleting from his DD Form 214 the Purple Heart and Vietnam Service Medal with 2 bronze service stars
* adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Purple Heart (3rd Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Hand Grenade Bar



      _______ _   _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)                                         AR20140004505



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140004505



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1