IN THE CASE OF: BOARD DATE: 5 November 2015 DOCKET NUMBER: AR20150004871 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 to show a second award of the Purple Heart for wounds incurred on 23 March 1968. 2. The applicant states, in effect, his records show award of the Purple Heart for the wounds he received on 14 June 1969, but no such award was presented for his wounding on 23 March 1968. 3. The applicant provides: * letter from D____ B____, dated 23 January 2015 * Headquarters, 101st Airborne Division, General Orders Number 7295, dated 21 June 1969 * DA Form 20 (Enlisted Qualification Record), page 4 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 11 July 1967. 3. Headquarters, U.S. Army Training Center, Infantry, Special Orders Number 201, dated 25 August 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). 4. Headquarters, 3d Training Brigade (Infantry), Special Orders Number 178, dated 30 October 1967, awarded him the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). 5. Headquarters, 3d Training Brigade (Infantry), Special Orders Number 180, dated 1 November 1967, awarded him the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60). 6. Headquarters, The Student Brigade, U.S. Army Infantry School, Special Orders Number 309, dated 18 December 1967, awarded him the Parachutist Badge. 7. He served in Vietnam from 19 January 1968 to on or about 17 August 1969 and he participated in seven campaigns. While serving in Vietnam, he was assigned to: * Company A, 2d Battalion, 327th Infantry Regiment, from 8 February 1968 through 18 August 1968 * Company E, 2d Battalion, 327th Infantry Regiment, from 19 August 1968 to on or about 17 August 1969 8. Headquarters, 101st Airborne Division, Special Orders Number 182, dated 30 June 1968, awarded him the Combat Infantryman Badge. 9. Headquarters, 101st Airborne Division, General Orders Number 113, dated 7 January 1969, awarded him the Bronze Star Medal. 10. Headquarters, 85th Evacuation Hospital, General Orders Number 67, dated 16 June 1969, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 14 June 1969. 11.  Headquarters, 101st Airborne Division, General Orders Number 7295, dated 21 June 1969, awarded him the Purple Heart for wounds received in action in the Republic of Vietnam on 14 June 1969. (These orders duplicate the orders issued by Headquarters, 85th Evacuation Hospital, dated 16 June 1969.) 12. Headquarters, 101st Airborne Division, General Orders Number 9565, dated 24 July 1969, awarded him the Bronze Star Medal with "V" Device and 1st Oak Leaf Cluster for heroism in ground combat against a hostile force in the Republic of Vietnam on 14 June 1969. 13. His DA Form 20 shows in: * item 38 (Record of Assignments – all "excellent" conduct and efficiency ratings * item 40 (Wounds) – gunshot wound left ear, 23 March 1968, and fragment wounds entire body (8), 14 June 1969 * item 41 (Awards and Decorations) – * National Defense Service Medal * Parachutist Badge * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Campaign Medal with Device (1960) * Bronze Star Medal * Army Commendation Medal * Air Medal * Soldier's Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 14. On 10 July 1970, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the: * National Defense Service Medal * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Air Medal * Vietnam Service Medal with seven bronze service stars * Army Commendation Medal * Republic of Vietnam Campaign Medal with Device (1960) * "Bronze Service Medal" (should read Bronze Star Medal) * Soldier's Medal 15. He provided a letter from a former Soldier, D____ B____, who states he served with the applicant in Vietnam. He further states: a.  In March 1968, the 101st Airborne Division was engaged in Operation Carentan. He and the applicant were both assigned to Company A, 2d Battalion, 327th Infantry Regiment, and they were responsible for clearing highway Route 547 from Hue to Fire Base Bastogne. b.  On 21 March 1968, they killed 25 enemy soldiers who were fighting from bunkers. c.  On 23 March 1968, they made contact with an enemy soldier while helping Company C retrieve those killed in action. He and the applicant were side by side when the enemy soldier fired. The bullet went through the applicant's helmet, wounding his ear. d.  He was shot in the stomach and both he and the applicant received first aid from the medic. Because their wounds were not considered life threatening, they were not sent back to the rear. e.  He has been informed his records were destroyed by fire and are no longer available. 16. His records are void of and he failed to provide any evidence he was awarded the Purple Heart for the gunshot wound he incurred on 23 March 1968. 17. His records are void of a commander's disqualification that would have prevented him from being recommended for or awarded the first award of the Army Good Conduct Medal for his period of honorable service from 11 July 1967 through 10 July 1970. 18. Army Regulation 600-200 (Enlisted Personnel Management System), 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 of the DA Form 20. This regulation further stated the date the wound or injury occurred would also be entered in item 40. 19. 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 the 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. Ratings of "unknown" for portions of the period under consideration were not disqualifying. There must have been no convictions by a court-martial. 20. 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 2d Battalion, 327th Infantry Regiment, was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by Department of the Army General Orders Number 48, dated 1971. DISCUSSION AND CONCLUSIONS: 1. His DA Form 20 shows he incurred a gunshot wound to his left ear on 23 March 1968 and he provided a letter from a former Soldier who states he was present when the wounding occurred during hostile action. Sufficient evidence has been presented showing he was wounded by enemy action on 23 March 1968. He should be awarded the Purple Heart for the wound he incurred on 23 March 1968 and his DD Form 214 should be corrected to show this award. 2. General orders awarded him the Purple Heart for wounds incurred by enemy action on 14 June 1969. His DD Form 214 should be corrected show award of the Purple Heart (2nd Award). 3. General orders awarded him the Bronze Star Medal and the Bronze Star Medal with "V" Device. His DD Form 214 should be corrected to show award of the Bronze Star Medal (2nd Award) with "V" Device. 4. He served honorably during the period 11 July 1967 through 10 July 1970. He completed 3 years of net active service during this period and he received all "excellent" conduct and efficiency ratings. His records do not contain a commander's disqualification statement for the first award of the Army Good Conduct Medal. It would be appropriate to award him the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this award. 5. Special orders awarded him the Combat Infantryman Badge, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Machine Gun Bar (M-60), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14). His DD Form 214 should be corrected to show these badges. 6. General orders awarded his unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. His DD Form 214 should be corrected to show this unit award. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 Purple Heart for wounds incurred as a result of hostile action on 23 March 1968; b.  awarding him the Army Good Conduct Medal (1st Award) for the period 11 July 1967 through 10 July 1970; and c.  adding the following awards to his DD Form 214: * Bronze Star Medal (2nd Award) and "V" Device * Purple Heart (2nd Award) * Army Good Conduct Medal (1st Award) * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Parachutist Badge * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) _____________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) AR20150004871 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004871 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1