BOARD DATE:	   1 September 2015

		DOCKET NUMBER:  AR20140021423 


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:

* two Purple Hearts (referred to as the Purple Heart with First Oak Leaf Cluster (1OLC) at the time) given to him on 31 March 1970 and 9 January 1971
* two Bronze Star Medals given to him on 28 March 1970 and 7 December 1970
* an Army Commendation Medal given to him on 3 September 1970

2.  He states that he has medals and certificates for the requested additions to his DD Form 214.

3.  He provides:

* five certificates
* 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's record shows he enlisted in the Regular Army on 28 February 1969 and held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/pay grade he attained while serving on active duty was sergeant/E-5.

3.  Headquarters, U.S. Army Training Center, Armor, Fort Campbell, Kentucky, Special Orders Number 97, dated 22 April 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 119, dated 20 May 1969, awarded him the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16).

5.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special Orders Number 130, dated 2 June 1969, awarded him the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).

6.  Headquarters, 67th Evacuation Hospital, General Order Number 80, dated 31 March 1970, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 31 March 1970.  He provides the certificate he was presented to commemorate this award.

7.  Headquarters, 173d Airborne Brigade, Special Orders Number 133, dated 13 May 1970, awarded him the Combat Infantryman Badge for service in connection with military operations against a hostile force in the Republic of Vietnam.

8.  Headquarters, 173d Airborne Brigade, General Orders Number 1225, dated 28 May 1970, awarded him the Bronze Star Medal with "V" Device for heroism in connection with ground operations against a hostile force in the Republic of Vietnam on 31 March 1970.  He provides the certificate he was presented to commemorate this award.

9.  Headquarters, 173d Airborne Brigade, General Orders Number 2359, dated 3 September 1970, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force in the Republic of Vietnam during the period 26 March to 26 August 1970.  He provides the certificate he was presented to commemorate this award.

10.  Headquarters, 173d Airborne Brigade, General Orders Number 3182, dated 7 December 1970, awarded him the Bronze Star Medal (1OLC) for meritorious service in connection with ground operations against a hostile force in the Republic of Vietnam from February 1970 to February 1971.  He provides the certificate he was presented to commemorate this award.

11.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam beginning on 11 March 1970.

	b.  item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served as an Infantry Team Leader in Company A, 3d Battalion (Airborne), 503d Infantry Regiment, 173d Airborne Brigade during the period 21 March 1970 through 9 January 1971.

	c.  item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Good Conduct Medal.

	d.  item 40 (Wounds) shows he sustained fragmentation wound(s) to his left leg on 31 March 1970.

	e.  item 41 (Awards and Decorations) shows he was awarded or authorized the following awards and decorations and lists the authority for each:

* National Defense Service Medal
* Parachutist Badge
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart
* Army Commendation Medal
* Bronze Star Medal with "V" Device
* Bronze Star Medal with 1OLC
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Rifle Bar (M-16) and Machine Gun Bar (M-60)

12.  On 12 January 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

13.  He provides a certificate issued by the Commanding General of the 173d Airborne Brigade, dated 9 January 1971, which indicates he was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 31 March 1970.  His record is void of any orders and he has not provided any orders indicating he was awarded the Purple Heart (1OLC).

14.  The Vietnam Casualty Roster shows he sustained a wound as the result of hostile fire on 31 March 1970.  There is no evidence in the available records which shows he was wounded again during a different incident.

15.  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 Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders awarding him an additional Purple Heart.

16.  References:

	a.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version 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 (wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

	b.  Army Regulation 600-8-22 (Military Awards) provides that:

		(1)  The Purple Heart is awarded for a wound sustained as a direct result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military personnel, and the medical treatment must have been made a matter of official record.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force explosion, or agent.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

		(2)  An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Purple Heart and the Bronze Star Medal.

		(3)  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.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  Appendix B shows that the following three campaigns took place during his period of service in the Republic of Vietnam:

* Vietnam Winter-Spring 1970
* DA Sanctuary Counteroffensive
* Vietnam Counteroffensive Phase VII

	c.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  It directed that all personnel treated and released within 24 hours would be awarded the Purple Heart 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 Purple Heart directly by the hospital commander rendering treatment.

	d.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 continuous years except in those cases when the period for the first award ends with the termination of a period of Federal military service of less than 3 years but more than 1 year.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

	e.  Department of the Army General Orders (DAGO) Number 51, dated 1971, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to the applicant's unit for actions during his period of assignment.

	f.  DAGO Number 5, dated 1973, announced award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to the applicant's unit for actions during his period of assignment.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have partial merit.

2.  Evidence shows he sustained fragmentation wounds to his left leg on 31 March 1970 while serving in the Republic of Vietnam.  General orders and a certificate issued by the Commander, 67th Evacuation Hospital on 31 March 1970 awarded him the Purple Heart in recognition of this incident.  Therefore, he is entitled to have his records corrected to show receipt of this award.

3.  Although the applicant provides a second certificate issued by his brigade nearly a year later, there is no evidence in the available records and the applicant has failed to provide sufficient evidence showing he was wounded a second time during a different incident.

4.  In the absence of corroborating evidence that he was wounded or injured as a result of hostile action during another incident and that his wound was treated by medical personnel and made a matter of official record, there is insufficient evidence upon which to base adding the Purple Heart (1OLC) to his 
DD Form 214.

5.  General orders awarded him the Bronze Star Medal with "V" Device and the Bronze Star Medal (1OLC) for service.  Therefore, he is entitled to have his records corrected to show receipt of the Bronze Star Medal (1OLC) with "V" Device.

6.  General orders awarded him the Army Commendation Medal for achievement.  Therefore, he is entitled to have his records corrected to show receipt of the Army Commendation Medal.

7.  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 that he was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, it would be appropriate to award him the Good Conduct Medal (1st award) for the period 28 February 1969 to 12 January 1971 and correct his records to show this award.

8.  Records show he was awarded the Vietnam Service Medal.  Evidence shows he participated in three campaigns during his service in the Republic of Vietnam.
Therefore, he is eligible for wear of three bronze service stars to be affixed to his Vietnam Service Medal.
9.  DAGOs awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for accomplishments during his tenure in the unit.  Therefore, he is entitled to have his records corrected to show these foreign unit awards.

10.  Special orders awarded him the Combat Infantryman Badge, Parachutist Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), Rifle Bar (M-16) and Machine Gun Bar (M-60).  Therefore, he is entitled to have his records corrected to show these badges.

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 was 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:

	a.  awarding the applicant the Good Conduct Medal (1st award) for the period 28 February 1969 to 12 January 1971;

	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214; and

	c.  adding the following awards to item 24 of his DD Form 214:

		(1)  Purple Heart;

		(2)  Bronze Star Medal (1OLC) with "V" Device;

		(3)  Army Commendation Medal;

		(4)  Good Conduct Medal (1st award);

		(5)  Vietnam Service Medal with three bronze service stars;

		(6)  Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

		(7)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation;

		(8)  Combat Infantryman Badge; 

   (9)  Parachutist Badge; and

		(10)  Marksman Marksmanship Qualification Badge with Rifle and Machine Gun Bars.

2.  The Board further determined that 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 award of the Purple Heart (1OLC).



      _______ _ 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)                                         AR20140021423



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ABCMR Record of Proceedings (cont)                                         AR20140021423



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