IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160009622 BOARD VOTE: ____x____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: . BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160009622 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: * awarding him the Purple Heart (2nd Award) for wounds incurred in action on 10 August 1969 * awarding him the Army Good Conduct Medal (1st Award) for his period of service from 13 May 1968 to 12 May 1970 in the rank of specialist * deleting from his DD Form 214 the Vietnam Service Medal with three bronze service stars * adding to his DD Form 214 – * Purple Heart (2nd Award) * Army Good Conduct Medal * Vietnam Service Medal with four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * 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. IN THE CASE OF: BOARD DATE: 5 September 2018 DOCKET NUMBER: AR20160009622 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 two Purple Hearts. 2. The applicant states he served in the Republic of Vietnam and was wounded in action on two separate dates: first on 18 July 1969 and then on 10 August 1969. 3. The applicant provides – * his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * page 4 of his DA Form 20 (Enlisted Qualification Record) 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 was inducted into the Army of the United States on 13 May 1968. He trained in and was awarded MOS 11B (Light Weapons Infantryman). 3. A review of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following pertinent entries: * item 31 (Foreign Service) – 6 October 1968 to 4 October 1969 in the Republic of Vietnam * item 38 (Record of Assignments) shows he was assigned to Company B, 1st Battalion, 327th Infantry, on 20 October 1968 * item 38 – he received all "excellent" conduct and efficiency ratings throughout his service (His record does not contain any derogatory information or a commander's disqualification that would have precluded him from receiving the first award of the Army Good Conduct Medal) * item 40 (Wounds) – fragment wound to right jaw, 18 July 1969; fragment wound to left wrist, 10 August 1969 4. On 12 May 1970, he was honorably released from active duty in the rank/grade of specialist/pay grade E-4. He was issued a DD Form 214 showing he served 2 years of active service with 11 months and 29 days of foreign service in the U.S. Army Pacific. His awards, decorations, medals and campaign ribbons include: * National Defense Service Medal * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M14) * Marksman Marksmanship Qualification Badge with Rifle Bar (m16) 5. A review of the Awards and Decorations Computer Assisted Retrieval System maintained by the U.S. Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973, revealed General Orders Number 10360 awarded the applicant the Purple Heart for wounds incurred on 18 July 1969 in the Republic of Vietnam. No additional Purple Heart orders were located pertaining to the applicant's wounding on 10 August 1969. 6. His name is not shown on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam, that is commonly used to verify eligibility for the Purple Heart. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes the policy, criteria, and administrative instructions concerning individual and unit military awards. a. 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. Announcement in orders is required. b. The Vietnam Service Medical is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnamese Counteroffensive Phase V (1 July - 1 November 1968) * Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969 * Tet 69/Counteroffensive (23 February - 8 June 1969) * Vietnam Summer – Fall 1969 (9 June - 31 October 1969) 2. 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. There must have been no convictions by a court-martial. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding award and decorations, it stated all decorations, service medals, campaign credits, and badges awarded or authorized would be reflected. The source document was the DA Form 20 and award orders. 4. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to Company B, 1st Battalion, 327th Infantry, his unit was cited for award of the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation Department of the Army General Order (DAGO) 43, dated 1970 * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation DAGO 48, dated 1971 5. Army Regulation 600-200, chapter 9 of the version 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 (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. DISCUSSION: 1. GO awarded him the Purple Heart (1st Award), but his record did not contain orders awarding him the second award. However, item 40 of his DA Form 20 shows he sustained a fragment wound to his right jaw on 18 July 1968 and a fragment wound to his left wrist on 10 August 1968. a. Army Regulation 600-200 states 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. b. Item 40 of his DA Form 20 shows he was injured twice, these annotations, by virtue of the requirements for their entry, show he met the requirements for award of the Purple Hear (2nd Award). His DD Form 214 does not list the Purple Heart (2nd Award). 2. The evidence of record confirms he served honorably during the period 13 May 1968 to 12 May 1970. He received all "excellent" conduct and efficiency ratings throughout his service. His record shows no evidence indicating he would have been precluded from being awarded the Army Good Conduct Medal (1st Award). 3. The applicant participated in four campaigns during his service in Vietnam. The Vietnam Service Medal listed on his DD Form 214 only reflects three bronze service stars instead of four to denote his campaign participation. 4. Orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation. These unit awards are not reflected on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009622 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009622 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2