IN THE CASE OF:  	  

		BOARD DATE:  26 February 2015	  

		DOCKET NUMBER:  AR20140010582 


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 award of the Combat Infantryman Badge, Bronze Star Medal, and multiple Purple Hearts.

2.  The applicant states:

* the citation for the Army Commendation Medal he was awarded while in Vietnam supports his engagement in direct combat action
* the item 40 (Wounds) entry on his DA Form 20 (Enlisted Qualification Record) shows he received a shrapnel wound to the right leg and supports his entitlement to the Purple Heart
* a Bronze Star Medal with "V" Device was pinned on him in formation at the 101st Airborne Headquarters, but he does not have a record of it
* he was informed he was awarded two additional Purple Hearts for a wound to his arm and additional wounds to his right leg

3.  The applicant provides:

* DA Form 20, page 4
* Army Commendation Medal Certificate
* Army Commendation Medal Citation


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 1968.

3.  His DA Form 20 shows he served in Vietnam from 27 May 1969 through 17 April 1970 where he was assigned as an infantryman to Company C, 3rd Battalion (Airmobile), 506th Infantry Regiment.  He participated in three campaigns.

4.  His records contain:

* Headquarters, 101st Airborne Division (Airmobile), Special Orders Number 58, dated 27 February 1970, awarding him the Combat Infantryman Badge (1st Award), effective 25 February 1970
* Headquarters, U.S. Army Training Center Infantry and Fort Lewis, Special Orders Number 49, dated 18 February 1969, awarding him the Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Headquarters, U.S. Army Training Center Infantry and Fort Lewis, Special Orders Number 97, dated 7 April 1969, awarding him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Standard Form 600 (Chronological Record of Medical Care), dated 18 June 1969, stating the applicant was treated at the battalion aid station for shrapnel in his right leg and returned to duty

5.  His DA Form 20 also contains an entry in item 40, dated 18 June 1969, reflecting he sustained a shrapnel wound to his right leg.
   
   
   
   
6.  He was honorably released from active duty on 29 September 1970.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal with one bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal

7.  There is no evidence of a commander's disqualification that would have precluded the applicant 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.

8.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was awarded or recommended for award of the Bronze Star Medal with "V" Device or Purple Heart.

9.  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 Military Awards Branch, failed to reveal any orders for the Bronze Star Medal with "V" Device or Purple Heart for the applicant.

10.  The applicant provided a copy of the certificate and citation awarding him the Army Commendation Medal for the period 1 June 1969 through 31 October 1969.  The citation states, "He pursued the enemy aggressively and manifested outstanding professional competence in close ground combat.  He participated in numerous airmobile operations and his courageous achievements, often under hostile fire, were in the finest tradition of the American fighting man."

11. 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.

	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.  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.

	c.  The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 (Military Awards) provides that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

13.  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 3rd Battalion, 506th Infantry Regiment, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February 1962 through 28 March 1973 by Department of the Army General Orders Number 8, dated 1974
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through  May 1970 by Department of the Army General Orders Number 48, dated 1971

14.  Army Regulation 600-200 (Enlisted Personnel Management System), in effect at the time, stated 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 the date the wound or injury occurred would also be placed in item 40.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records contain orders awarding him the Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

2.  He served honorably during the period 30 December 1968 through 29 September 1970.  There is no evidence in his records of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) at this time and correct his DD Form 214 to show this award.

3.  He was awarded the Vietnam Service Medal and participated in three campaigns.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars with his Vietnam Service Medal.

4.  General orders awarded the unit to which the applicant was assigned in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  The applicant's DA Form 20 reflects he received a shrapnel wound to the right leg as a result of enemy action on 18 June 1969.  His Standard Form 600 shows he received medical treatment for the wound on that date and it was made a matter of his official record.  Therefore, he is entitled to correction of his DD Form 214 to show award of the Purple Heart.

6.  There is no evidence of record and the applicant did not provide any evidence showing he was awarded or entitled to a second or third award of the Purple Heart for additional wounds sustained to his right leg and his arm.  Therefore, he is not entitled to correction of his DD Form 214 to show a second or third award of the Purple Heart.

7.  A review of his personnel service records failed to show evidence and he did not provide any evidence showing he was ever awarded or recommended for award of the Bronze Star Medal with "V" Device.  Therefore, he is not entitled to correction of his DD Form 214 to show award of the Bronze Star Medal with "V" Device.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Purple Heart for wounds received in action in the Republic of Vietnam on 18 June 1969
* awarding him the Army Good Conduct Medal (1st Award) for the period 30 December 1968 through 29 September 1970
* adding the following awards to his DD Form 214 –

* Purple Heart
* Army Good Conduct Medal (1st Award)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* three bronze service stars with his already-awarded Vietnam Service Medal

2.  The Board further determined 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 his request for correction of his DD Form 214 to show award of the Bronze Star Medal with "V" Device, award of a second Purple Heart for additional wounds to his right leg, and award of a third Purple Heart for wounds to his arm.



      ___________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)                                         AR20140010582



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ABCMR Record of Proceedings (cont)                                         AR20140010582



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