IN THE CASE OF: BOARD DATE: 14 April 2009 DOCKET NUMBER: AR20090001238 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, in effect, that he be awarded the Purple Heart with two Oak Leaf Clusters. 2. The applicant states that he was wounded in combat three times, although he only has medical records showing two of those instances. The Purple Hearts are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the orders have disappeared from the records. 3. The applicant provides, in support of his request, copies of his DD Form 214; DA Form 20 (Enlisted Qualification Record), less page 1; Temporary DA Form 20; Standard Form 600 (Chronological Record of Medical Care), dated 31 October 1967; Standard Form 600, dated 2-10 November 1967; 1st Medical Company Records, 1st Marine Division medical records, 5 pages, dated 6-8 January 1968; orthopedic consultation sheet, dated 10 February 1968; Medical Board Proceedings, final page only, dated 17 February 1968; and a Department of Veterans Affairs (VA) rating, final page only, undated. 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 records are not available. This review is based solely upon the evidence submitted by the applicant. 3. The applicant was inducted into the Army of the United States on 14 February 1967. He completed training and was awarded military occupational specialty (MOS) 11B (light weapons infantryman). 4. The applicant arrived in Vietnam on 19 July 1967 and was assigned to B Company, 3rd Battalion, 21st Infantry Regiment on 27 July 1967. On 5 August 1967 he was assigned to C Company, 2nd Battalion,1st Infantry Regiment as a grenadier in MOS 11B. On 12 September 1967 he was promoted to team leader in MOS 11B. 5. A Standard Form 600, dated 31 October 1967, shows he sustained a fragment wound to the right calf "while blowing a booby trap." He was sent to the 196th Infantry Brigade medical clearing station where the wound was packed open and the applicant kept overnight. A follow-on entry, dated 2 November 1967, shows the wound was closed and redressed. Further follow-up occurred on 10 November 1967 without incident. This incident is confirmed by an entry in item 40 (Wounds) of the applicant's DA Form 20. 6. The 5 pages of medical records from the 1st Medical Company Records, 1st Marine Division, dated 6-8 January 1968, show the applicant was considered a battle casualty. He was treated for fragment wounds to his left leg and arm that were sustained while on an operation against a hostile force. He was subsequently evacuated. 7. The applicant returned to the United States and was separated with an honorable characterization of service on 18 February 1969. He was extended on active duty for 5 days for the convenience of the government. 8. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. 9. There are no documents in the available records showing he was treated for a combat wound on a third occasion. His name does not appear on the Vietnam Casualty Roster. 10. Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214. 11. Item 38 (Record of Assignments) of his DA Form 20 shows "excellent" conduct and efficiency ratings throughout the applicant's active duty service. Item 41 (Awards and Decorations) shows he was awarded the Combat Infantryman Badge by Special Orders 277, Headquarters, 196th Brigade, dated 1 October 1967. 12. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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. This regulation also states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart. 13. 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 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial. 14. Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for any Purple Hearts pertaining to the applicant. 15. Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive Phase III (1 June 1967 – 29 January 1968) campaign. 16. Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Campaign Medal with Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.  Individuals who had qualified for award of the Vietnam Service Medal or the Armed Forces Expeditionary Medal and were evacuated prior to completing six months of service due to wounds resulting from hostile action were entitled to award of the Vietnam Campaign Medal. 17. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam. It shows that Department of the Army General Orders (DAGO) Number 8 of 1972 authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units serving in Vietnam between 8 February 1962 and 28 March 1973. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that he was wounded in combat three times although he only has medical records showing two of those instances. The Purple Hearts are not listed on his DD Form 214 and the orders have disappeared from the records. 2. The evidence shows the applicant was treated for wounds sustained under qualifying conditions on 31 October 1967 and 6 January 1968. Therefore, he should be awarded the Purple Heart with first oak leaf cluster and his records should be corrected to show two awards of the Purple Heart. 3. However, there is no evidence and the applicant has not provided any evidence to show he sustained or was treated for a third wound as a result of hostile action. Therefore, there is no basis for granting the applicant's request for a third award of the Purple Heart. 4. The applicant distinguished himself by his conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service as evidenced by his continual "excellent" conduct and efficiency ratings and his combat awards. Therefore, he is entitled to award of the first award of the Good Conduct Medal and correction of his records to show this award. 5. His DA Form 20 shows he was awarded the Combat Infantryman Badge by Special Orders. Therefore, all his records should be corrected to show this award. 6. The applicant was credited with participation during one campaign during his service in the Republic of Vietnam. Therefore, he is entitled to wear a bronze campaign star his Vietnam Service Medal and correction of his records to show this award. 7. The applicant is eligible for award of the Republic of Vietnam Campaign Medal with Device (1960) and is eligible to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation Badge. Therefore, his records should be corrected to show these awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ___X____ ____X__ 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. deleting from item 24 of the applicant's DD Form 214 the Vietnam Service Medal; b. awarding the applicant the Purple Heart for wounds received in action on 31 October 1967; c. awarding the applicant the Purple Heart with first oak leaf cluster for wounds received on 6 January 1968; d. awarding the applicant the first award of the Good Conduct Medal for the period from 14 February 1967 to 18 February 1969; and e. adding to item 24 of his DD Form 214 the Purple Heart with first oak leaf cluster, Good Conduct Medal, Vietnam Service Medal with one bronze service star, Republic of Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 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 a third award of the Purple Heart. ________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) AR20090001238 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001238 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1