BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150004362 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 reconsideration of the previous Army Board for Correction of Military Records (ABCMR) decision as promulgated in Docket Number AR20100000671 on 2 September 2010. 2. Specifically, he requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart with 2nd Oak Leaf Cluster (3rd Award). 3. The applicant states, there should be three awards of the Purple Heart listed in item 24 (Decorations, Medals, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214. 4. The applicant provides a copy of his DD Form 214 and an extract of his DA Form 20 (Enlisted Qualification Record). CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100000671 on 2 September 2010. 2. The applicant has not provided new arguments or evidence; however, the evidence of record supports the reconsideration of his request at this time. 3. The applicant was inducted into the Army of the United States on 23 August 1968. He held military occupational specialties 11B (Light Weapons Infantrymen) and 71L (Administrative Specialist) and he attained the rank/grade of specialist five (SP5)/E-5. 4. His DA Form 20 shows he served in the Republic of Vietnam from on or about 10 February 1968 through 26 March 1969. This form also shows in: a. item 38 (Record of Assignments), he served with: * Company A, 4th Battalion, 47th Infantry Regiment, from 14 February to 4 March 1968 * Company E, 4th Battalion, 47th Infantry Regiment, from 5 March to 25 June 1968 * Company D, 93rd Military Police Battalion, 58th Infantry Regiment, from 6 March to 1 October 1968 * Headquarters and Headquarters Detachment, 93rd Military Police Battalion, 58th Infantry Regiment, from 2 October 1968 to 26 March 1969 b. item 40 (Wounds), he received the following wounds during his service in the Republic of Vietnam: * fragment wound to the chest on 25 March 1968 * fragment wound to the left arm on 12 April 1968 * fragment wound to the left leg on 23 April 1968 c. item 41 (Awards and Decorations), he was awarded the Purple Heart twice. 5. General Orders Number 2426, issued by Headquarters, 9th Infantry Division on 13 April 1968, awarded him the Purple Heart for wounds he received as a result of hostile enemy action on 25 March 1968. 6. General Orders Number 2805, issued by Headquarters, 9th Infantry Division on 28 April 1968, awarded him the Purple Heart for wounds he received as a result of hostile enemy action on 23 April 1968. 7. 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 and maintained by the U.S. Army Human Resources Command failed to reveal orders awarding the applicant a third Purple Heart. 8. His records does not contain an order awarding him the Purple Heart for wounds sustained on 12 April 1968. Additionally, the Vietnam casualty roster lists the applicant's name and shows he was wounded as a result of hostile enemy action on 25 March 1968 and 23 April 1968; however, there is no listing for the wound he received on 12 April 1968. 9. His record contains a Standard Form (SF) 89 (Report of Medical History), dated 28 March 1969. a. The applicant checked block number 34 of this form indicating he had previously consulted or been treated by clinics, physicians, healers, or other practitioners within the past 5 years. b. In item 39 (Physicians Summary and Elaboration of all Pertinent Data), the examining physician, who was required to respond to all positive responses, stated the applicant had received a: * fragment wound over the right scapula on 25 March 1968 * fragment wound to the left elbow on 12 April 1968 * fragment wound to the left knee on 23 April 1968 10. He was honorably released from active duty on 28 March 1969. His DD Form 214 shows he completed 1 year, 7 months, and 6 days of net active service, of which 1 year 1 month, and 19 days was credited as foreign service in the USARPAC (U.S. Army Pacific) Theater of operations. His DD Form 214 further shows in: a. item 24, he was awarded or authorized the: * Purple Heart (2nd Award), shown as "2 Purple Hearts" * Air Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960), shown as the "Vietnam Campaign Medal" * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) b. item 30 (Remarks) does not show his service in the Republic of Vietnam. 11. Army Regulation 600-200 (Enlisted Personnel Management System) prescribed policies, responsibilities, and procedures pertaining to the career management of Army enlisted personnel. Chapter 9 of the version in effect at the time, stated, in pertinent part, 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 (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. 12. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a 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 medical personnel, and the medical treatment must have been made a matter of official record. 13. Army Regulation 600-8-22 also states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in. A silver service star will be worn in lieu of five bronze service stars. Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns: * Tet Counteroffensive (30 January 1968 - 1 April 1968) * Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968) * Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968) * Vietnam Counteroffensive, Phase VI (2 November 1968 - 22 February 1969) * Tet 69 Counteroffensive (23 February 1969 - 8 June 1969) 14. A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214. 15. A review of the applicant's record shows no derogatory information in the form of court-martial convictions, nonjudicial punishment, lost time, or misconduct that may have potentially disqualified him from being positively considered for his initial award of the Army Good Conduct Medal for the period 23 August 1967 through 28 March 1969. His record is void of evidence that shows his commander sought to deny him award of the Army Good Conduct Medal during his period of service. He received excellent conduct and efficiency ratings and he was honorably released at the end of his term of service. 16. Army Regulation 672-5-1 (Awards), in effect at the time, 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; 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. 17. 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: a. 4th Battalion, 47th Infantry was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968, by DAGO Number 31, dated 1969 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1968, by DAGO Number 59, dated 1969 b. Headquarters and Headquarters Detachment, 93rd Military Police Battalion was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 September 1966 to 28 March 1973, by DAGO Number 6, dated 1974 18. 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 record does not contain orders that awarded him a 3rd Award of the Purple Heart, and this award is not listed on his DD Form 214. However, he appears to meet the criteria for a 3rd Award of the Purple Heart, as prescribed in Army Regulation 600-8-22. a. The evidence of record shows he sustained a fragment wound to his left arm/elbow, on 12 April 1968, while in action against an enemy or as a result of hostile action, the wound required treatment by medical personnel, and the medical treatment was made a matter of official record. b. Army Regulation 600-200 required that a brief description and the date the wounds occurred would be entered in item 40 of the DA Form 20, provided the wounds required medical treatment and were received through hostile or enemy action. His DA Form 20 shows he received fragment wounds to the left arm on 12 April 1968. c. His SF 89 shows the examining physician indicated he received medical treatment for a fragment wound to his left elbow on 12 April 1968 and that this wound required medical treatment. 2. His record does not contain orders awarding him the Army Good Conduct Medal and this award is not listed on his DD Form 214. However, he appears to meet the criteria for award of the Army Good Conduct Medal as prescribed in Army Regulation 600-8-22; specifically, in that: * he served honorably during the period 23 August 1967 through 28 March 1969 * he received excellent conduct and efficiency ratings * his records do not contain any derogatory information in the form of court-martial convictions, nonjudicial punishment, lost time, or misconduct that may have potentially disqualified him from being positively considered for his initial award of the Army Good Conduct Medal * there are no entries in his record to indicate that his commander denied him this award 3. His DD Form 214 does show he was awarded the Vietnam Service Medal; however, it does not include an affixed silver service star to denote his participation in 5 campaigns. 4. General orders awarded his units in the Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned to the units; however, these unit awards are not listed on his DD Form 214. 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 amendment of the ABCMR’s decision in Docket Number AR20100000671, dated 2 September 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart (3rd Award), for wounds received in action on 12 April 1968, and the Army Good Conduct Medal (1st Award), for the period 23 August 1967 through 28 March 1969; and b. amending his DD Form 214 by deleting from item 24 the "Vietnam Service Medal" and "2 Purple Hearts" and adding to item 24 the: * Purple Heart (3rd Award) * Army Good Conduct (1st Award) * Vietnam Service Medal with one silver service star * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation _______ _ 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) AR20150004362 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004362 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1