RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 March 2008 DOCKET NUMBER: AR20070016559 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Mr. Frank C. Jones Chairperson Ms. Carmen Duncan Member Mr. Scott W. Faught Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) be amended to add two awards of the Purple Heart and that he be issued the medals and the certificates. 2. The applicant states there is no annotation of these two Purple Heart awards on his DD Form 214. 3. The applicant provides his DD Form 214; a DA Form 8-275-3 (Clinical Record Cover Sheet), date of disposition 11 March 1970; and a DA Form 8-275-3, date of disposition 4 April 1970. 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 16 June 1969. He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 3. The applicant arrived in Vietnam and was assigned to Company B, 1st Battalion, 35th Infantry, 4th Infantry Division on 13 December 1969. He was reassigned to Company C, 1st Battalion, 14th Infantry, 4th Infantry Division on 19 March 1970. He departed Vietnam on 18 September 1970 after being credited with participating in three campaigns. 4. The applicant was honorably released from active duty due to hardship on 21 September 1970 after completing 1 year, 3 months, and 8 days of creditable active service with no lost time. His DD Form 214 shows he was awarded the National Defense Service Medal, two overseas service bars, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16). 5. The applicant provided a DA Form 8-275-3 showing he suffered multiple fragment wounds to the right and left hand and face on 3 March 1970. He was firing an M-60 (machinegun) when the barrel exploded, causing the injury. The DA Form 8-275-3 states that the line of duty finding was undetermined and that an investigation was pending. His records do not contain the findings of a line of duty investigation. 6. Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) does not show he was wounded on 3 March 1970. His name is not listed on the Vietnam Casualty Roster as being wounded on 3 March 1970. 7. The applicant provided a DA Form 8-275-3 showing he suffered a fragment wound to the left thigh from a rocket fired by a jet on 29 March 1970. 8. Headquarters, 17th Field Hospital General Orders Number 73, dated 31 March 1970, awarded the applicant the Purple Heart for wounds received on 29 March 1970. Item 40 of his DA Form 20 shows he received a fragment wound to his left hip on 29 March 1970. His name is listed on the Vietnam Casualty Roster as being wounded in action on 29 March 1970. 9. The applicant’s DA Form 20 shows his conduct and efficiency were rated as “excellent” throughout his enlistment. There is no derogatory information in his records. 10. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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 military medical personnel, and the medical treatment must have been made a matter of official record. 11. Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation. Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal. 12. Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations. It stated that 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. At the time, a Soldier’s conduct and efficiency ratings must have been rated as “excellent” for the entire period of qualifying service 13. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam. This document shows that, at the time of the applicant's assignment to the 1st Battalion, 35th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 through 10 September 1970 1969 by Department of the Army General Orders Number 52, dated 1971. 14. Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 1st Battalion, 14th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period July 1969 through 17 November 1970 by Department of the Army General Orders Number 52, dated 1971. 15. 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 badge may not be worn, official military personnel and historical records will indicate all awards received. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was awarded the Purple Heart for wounds received on 29 March 1970. 2. The applicant provided a DA Form 8-275-3 showing he suffered multiple fragment wounds to the right and left hand and face on 3 March 1970 when the barrel of an M-60 he was firing exploded, causing the injury. The DA Form 8-275-3 states that the line of duty finding was undetermined and that an investigation was pending. It does not confirm that the injuries were the result of hostile action. His records do not contain the findings of a line of duty investigation. Item 40 of his DA Form 20 does not show he was wounded on 3 March 1970, and his name is not listed on the Vietnam Casualty Roster as being wounded on 3 March 1970. 3. There is sufficient evidence of record to add one award of the Purple Heart to the applicant’s DD Form 214, but not two awards. 4. The applicant was credited with participating in three campaigns; therefore, he is eligible to wear three bronze service stars on his Vietnam Service Medal. 5. The applicant completed over 15 months of creditable active service with no lost time. His conduct and efficiency were rated as “excellent” throughout his enlistment, and his records contain no derogatory information. It appears he met the eligibility criteria for award of the Army Good Conduct Medal. 6. The applicant was assigned to two units during a period of time those units were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and therefore is authorized to wear one of those awards. Both awards should be listed on his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __fcj___ __cd____ __swf___ 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 partial 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 first award of the Army Good Conduct Medal for the period 16 June 1969 through 21 September 1970; b. amending his DD Form 214 to add the Army Good Conduct Medal, one award of the Purple Heart, and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit citation, and by showing he is eligible to wear three bronze service stars on his already-awarded Vietnam Service Medal; c. issuing to him, as available, the above awards; and d. issuing to him a Purple Heart certificate for wounds received on 29 March 1970. 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 adding a second award of the Purple Heart to his DD Form 214. ____Frank C. Jones____ CHAIRPERSON INDEX CASE ID AR20070016559 SUFFIX RECON DATE BOARDED YYYYMMDD TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 110.04 2. 107.0015 3. 4. 5. 6.