IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150003844 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 he was awarded two Purple Hearts (PH) during his service in Vietnam. 2. The applicant states he was awarded two PH’s not just one while serving in Vietnam and he never noticed the error before now. 3. He provides: * DD Form 214 * letter from the Floyd County Veterans Affairs Office dated 1 September 2015 * DA Forms 1594 (Daily Staff Journal or Duty Officer’s Log) 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. On 6 March 1968, the applicant was inducted into the Army of the United States. He completed initial entry training and he was awarded military occupational specialty 11B (Infantryman). 3. His medical record is not available for review. 4. His DA Form 20 (Enlisted Qualification Record) shows: * item 31 (Foreign Service) – U.S. Army Pacific (USARPAC) Vietnam * item 38 (Record of Assignments): * 3 August 1968 – “Enroute to USARPAC” * 1 September 1968 to 11 September 1968 – 23rd Adjutant General (AG) Administration Company Replacement Detachment, USARPAC * 12 September 1968 to 23 September 1968 – Company A, 1st Battalion, 20th Infantry, 11th Infantry Brigade, USARPAC * 24 September 1968 to 5 July 1969 – Company B, 1st Battalion, 20th Infantry, 11th Infantry Brigade, USARPAC * 6 July 1969 to 20 July 1969 – Medical Holding Company (MHC), 249th General Hospital, USARPAC * 21 July 1969 to 18 September 1969 – MHC, Fitzsimons General Hospital (FGH), Denver, CO * item 40 (Wounds) – multiple fragment wounds (MFW) lower extremities * item 41(Awards and Decorations): * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Combat Infantryman Badge (CIB) * PH (2nd Award) * Two Overseas Service Bars * Republic of Vietnam (RVN) Campaign Medal with Device (1960) * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar o (M-16) * Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) 5. General Orders Number 4229 dated 25 May 1969, issued by Headquarters, Americal Division awarded him the PH for wounds he received on 13 May 1969 while assigned to Company B, 1st Battalion, 20th Infantry, 11th Infantry Brigade. 6. On 8 December 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve. He served 1 year, 9 months and 3 days of net active duty service. 7. His DD Form 214, item 24 (Decorations Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows: * Expert Marksmanship Qualification Badge with Rifle Bar (M-14) * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) * NDSM * VSM * RVNCM with device (1960) * CIB * PH * Two Overseas Service Bars 8. The Vietnam casualty roster shows the applicant was wounded as a result of hostile action on 13 May 1969 and 30 June 1969. 9. There is no evidence the applicant received the first award of the Army Good Conduct Medal (AGCM). There also is no evidence the applicant was disqualified by his chain of command from receiving the AGCM. Records do not show indiscipline or lost time. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service. 10. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. The 20th Infantry, 1st Battalion, 11th Infantry Brigade, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 2 November 1968 through 28 February 1969 by the Department of the Army General Order 2, dated 1971. 11. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The award of a bronze service star is authorized based on qualifying service for each campaign listed in table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers). Authorized service stars will be worn on the appropriate campaign medal, including the VSM. The applicant's service in Vietnam coincided with the following campaigns: * Vietnam Counteroffensive Phase V, 1 July 1968 – 1 November 1968 * Vietnam Counter Offensive Phase VI, 2 November 1968 – 22 February 1969 * Tet Counteroffensive, 23 February 1969 – 8 June 1969 * Vietnam Summer-Fall 1969, 9 June 1969 – 31 October 1969 12. Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. DISCUSSION AND CONCLUSIONS: 1. General Orders Number 4229 show the applicant was awarded the PH for wounds he incurred on 13 May 1969. 2. Item 41 of his DA Form 20 shows the applicant received two PH’s for wounds received in combat in Vietnam. The Vietnam casualty roster also shows he was wounded as a result of hostile action on 13 May 1969 and 30 June 1969. The evidence supports correction of his DD Form 214 for the period ending 8 December 1969 to show he was awarded the PH (2nd Award). 3. Item 41 of his DA Form 20 shows the applicant was authorized the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60); however, it was not listed on his DD Form 214. 4. The applicant served in Vietnam during a period for which his unit was awarded the RVN Gallantry Cross with Palm Unit Citation. This unit award is not listed on his DD Form 214. 5. The applicant completed a qualifying period of service in Vietnam for award of the VSM and participated in four campaigns in the RVN. Service stars were not entered on his DD Form 214. 6. His records do not contain any adverse information and he received conduct and efficiency ratings of “excellent” throughout his service, he was promoted to the rank of sergeant (SGT)/E-5, and he performed admirably in combat. Based on his overall record of service, it appears that an administrative error occurred resulting in him not being recommended for or awarded the first award of the AGCM. It would be appropriate to award him the AGCM (1st Award) for the period 6 March 1968 to 8 December 1969 and correct his DD Form 214 to show this award. 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 AGCM (1st Award) for the period 6 March 1968 to 8 December 1969. b. Amending his DD Form 214 by deleting the VSM and adding the: * PH (2nd Award) * RVN Gallantry Cross with Palm Unit Citation * AGCM (1st Award) * VSM with four bronze service stars * Sharpshooter Marksmanship Qualification Badge with Machinegun Bar (M-60) ____________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) AR20130017382 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003844 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1