IN THE CASE OF:	  

		BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140008937 


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 reflect two awards of the Purple Heart.

2.  The applicant states:

* he was awarded two Purple Hearts
* a clerical error resulted in the omission of one of the awards
* he would like the record corrected to accurately represent his military service for the sake of posterity

3.  The applicant provides:

* Army Review Boards Agency letter, dated 29 April 2014
* DD Form 214
* Purple Heart Certificate, dated 27 October 1967
* Purple Heart Certificate, dated 10 February 1968

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 30 December 1966.

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from on or about 23 May 1967 through 28 January 1968, where he was assigned to Company B, 2nd Battalion, 35th Infantry Regiment, 25th Infantry Division, as an infantryman.  During his service in the RVN he participated in one campaign.

4.  His records contain Headquarters, 67th Evacuation Hospital, General Orders Number 273, dated 27 October 1967, awarding him the Purple Heart for wounds received in action on 25 October 1967.

5.  The applicant's records also contain a Western Union Telefax, dated 4 January 1968, informing his parents that he was wounded in the RVN on 2 January 1968 as a result of hostile action, sustaining a metal fragment wound to his head while his unit engaged hostile forces in a firefight during combat operations.

6.  A Standard Form 502 (Clinical Record), dated 13 January 1968, shows the applicant was admitted to the 67th Evacuation Hospital where he underwent surgery for a fragment wound of the left eye resulting from a grenade explosion on 2 January 1968.

7.  He provided two Purple Heart Certificates.  The first certificate, dated 27 October 1967, shows he was awarded the Purple Heart for wounds received in action on 25 October 1967 and the second certificate, dated 10 February 1968, shows he was awarded the Purple Heart for wounds received in action on 2 January 1968.

8.  He retired on 9 May 1968 by reason of temporary disability for the wounds he received on 2 January 1968 and he was placed on the Temporary Disability Retired List effective 10 May 1968.  He was subsequently placed on the Permanent Disability Retired List on 30 June 1969.  His DD Form 214 for the period ending 9 May 1968 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Purple Heart
* RVN Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  There is no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal.  His DA Form 20 shows he had all "excellent" conduct and efficiency ratings aside from his time as a patient where his conduct and efficiency ratings are listed as "unknown."

10.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, prescribed Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It 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 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.  There must have been no convictions by a court-martial.

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

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  A bronze service star is authorized for wear on the Vietnam Service Medal for participation in each credited campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 2nd Battalion, 35th Infantry Regiment, was awarded the:

* Valorous Unit Award for the period 22 April 1967 through 20 August 1967 by Department of the Army General Orders (DAGO) Number 43, dated 1972
* Meritorious Unit Commendation for the period 1 November 1967 through 30 April 1968 by DAGO Number 17, dated 1969
* RVN Gallantry Cross with Palm Unit Citation for the period January 1966 through 1 August 1967 by DAGO Number 48, dated 1971
* RVN Gallantry Cross with Palm Unit Citation for the period 1 August 1967 through 28 July 1969 by DAGO Number 38, dated 1970 and amended by DAGO Number 3, dated 1970
* RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 through 31 October 1969 by DAGO Number 53, dated 1970

13.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time only one award will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect two awards of the Purple Heart was carefully considered and determined to have merit.

2.  The available evidence clearly shows he was awarded the Purple Heart on two separate occasions for wounds he sustained as a result of hostile action in the RVN on 25 October 1967 and 2 January 1968.

3.  His DD Form 214 already reflects one award of the Purple Heart.  Therefore, his DD Form 214 should be corrected to show the second award of the Purple Heart for wounds sustained on 2 January 1968 while serving in the RVN.

4.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he should be awarded the Army Good Conduct Medal (1st Award) for the period 30 December 1966 through 9 May 1968 and his DD Form 214 should be corrected to show this award.

5.  Records show the applicant participated in one campaign while serving in the RVN.  Therefore, he is authorized one bronze service star with his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this bronze service star.

6.  Department of the Army general orders awarded the unit with which he served in the RVN the Valorous Unit Award, Meritorious Unit Commendation, two RVN Gallantry Cross with Palm Unit Citations, and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for the period 30 December 1966 through 9 May 1968; and

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

* Purple Heart (2nd Award)
* Army Good Conduct Medal (1st Award)
* Valorous Unit Award
* Meritorious Unit Commendation
* RVN Gallantry Cross with Palm Unit Citation (2nd Award)
* RVN Civil Actions Honor Medal First Class Unit Citation
* one bronze service star with his previously-awarded Vietnam Service Medal



      _____________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)                                         AR20140008937



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ABCMR Record of Proceedings (cont)                                         AR20140008937



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