IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170004972 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :x :x :x GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 20 November 2018 DOCKET NUMBER: AR20170004972 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal with "V" Device and two awards of the Purple Heart. 2. The applicant states his DD Form 214 does not list the Bronze Star Medal with "V" Device he was awarded on 18 April 1969. He was also awarded two awards of the Purple Heart. His DD Form 214 does not list the second Purple Heart. He would like a correct DD Form 214 to pass on to his children. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting documents: * General Orders (GO) Number 3023 * DD Form 214 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * DA Form 20 (Enlisted Qualification Record) * Two DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice) * Western Union Telegram * GO's Number 88 and 3023 * Standard Form (SF) 502 (Clinical Record – Narrative Summary) * Two DA Forms 199 (Physical Evaluation Board (PEB) Proceedings) * DD Form 214 * Removal from Temporary Disability Retired List (TDRL) memorandum REFERENCES: 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. 2. Army Regulation (AR) 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states: a. In order to award a Purple Heart there must be evidence that a member was wounded or injured as a result of enemy action. The wound or injury for which the Purple Heart is being awarded must have required treatment by a medical officer and this treatment must be supported by medical treatment records that were made a matter of official record. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. b. A bronze star is authorized for wear on the Vietnam Service Medal to denote campaign participation. The applicant's service in Vietnam coincided with the TET 69 Counteroffensive, from 23 February to 8 June 1969, listed in Appendix B of the regulation. 3. AR 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded 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. 4. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) does not show that his unit, 7th Armored Squadron, 1st Air Cavalry, was cited for any awards during his period of service in Vietnam. 5. DAGO Number 8 of 1974 authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army, Vietnam, and all subordinate units for the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. While 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 6 August 1968 and he held military occupational specialty (MOS) 11D (Infantryman). 3. His DA Form 20 (Enlisted Qualification Record) contains the following information: a. Items 31 (Overseas Service) and item 35 (Record of Assignments) show he served in Vietnam from 28 March 1969 to 9 May 1969, during one campaign, and was assigned to Troop B, 7th Squadron, 1st Air Cavalry. He received all "excellent" conduct and efficiency ratings throughout his service, with the exception of the period he was in a patient status (wounded in action). There is no evidence indicating he was the subject of any court-martial convictions during his active duty service. There is also no evidence of a commander's disqualification that would have precluded him from being recommended for or awarded the first award of the Army Good Conduct Medal. b. Item 40 (Wounds) shows no entry to indicate he was wounded in action. c. Item 41 (Awards and Decorations) shows no entries for the Bronze Star Medal with "V" Device and two awards of the Purple Heart. 4. His records contain the following: a. Two DD Forms 2671-1, which show he accepted nonjudicial punishment (NJP) on 19 December 1968 and 30 January 1969, for operating a vehicle without proper registration and failing to clean offices and rooms in a building. His punishments included forfeitures of pay for 1 month, restriction, and extra duty. b. A Western Union Telegram, dated 21 April 1969, which advised his children that he was slightly wounded in action in Vietnam on 18 April 1969 and he sustained fragment wounds to both buttocks and both legs. c. GO Number 83, issued by Headquarters, 29th Evaluation Hospital, on 19 April 1996, which awarded him the Purple Heart (1st Award) for wounds received in connection with military operations against at hostile force in Vietnam on 18 April 1969. d. An SF 502, dated 9 May 1969, which stated he was injured by a hostile booby trap at 1100 hours, on 18 April 1969, while serving in Vietnam. That resulted in multiple flesh wounds to the upper right arm, posterior aspect of the entire right lower extremity, and the posterior aspect of the left thin. His wounds were debrided on the day of injury. He was then evacuated to Japan and then to Walter Reed General Hospital for further treatment and final disposition. e. GO Number 3023, issued by Headquarters, on 30 June 1969, which awarded him the Bronze Star Medal with "V" Device for heroism in connection with military actions involving conflict with an armed hostile force in Vietnam on 18 April 1969. The orders stated, while serving as a radio/telephone operator with an aero rifle platoon during a ground reconnaissance operation, with complete disregard for his own safety, the applicant rendered immediate first aid to his platoon leader who was wounded and he kept the mission commander informed of the tactical situation and directed rescue helicopters to the area to evacuate the wounded. f. A DA Form 199, which shows a PEB convened on 17 October 1969, and found medically him unfit for complete paralysis of the right median nerve. The PEB recommended his placement on the TDRL. 5. He was honorably retired, in the rank/grade of specialist four (SP4)/E-4, on 7 November 1969, and was placed on the TDRL. His DD Form 214 shows he completed 1 year, 3 months, and 2 days of active service, which included 1 month and 11 days of foreign service. His DD Form 214 also shows he was awarded and authorized the: * Purple Heart * National Defense Service Medal * Vietnam Service Medal * Vietnam Campaign Medal with Device 1960 * Expert Marksmanship Qualification Badge with Rifle Bars (M-14 and M-16) 6. He was permanently retired on 27 August 1974. 7. His record is void of any orders, or other documents that indicate he was ever recommended for or awarded a second award of the Purple Heart by proper authority while serving on active duty. It also contains no medical treatment records that indicate he was ever treated for a second combat related wound or injury during his service in Vietnam. 8. A review of the Vietnam Casualty Roster shows he was wounded in action on 18 April 1969. The roster failed to reveal an additional entry pertaining to the applicant. 9. A 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 U.S. Army Human Resources Command, failed to reveal any orders for a second award of the Purple Heart pertaining to the applicant. 10. He was awarded the Bronze Star Medal with "V" Device and Purple Heart (1st Award) during his period of service. His DD Form 214 does not list these awards. 11. He accepted NJP for two minor offenses during his period of service. However, he received "excellent" conduct and efficiency ratings during his period of active duty, attained the rank/grade of SP4/E-4, served in Vietnam and was awarded the Bronze Star Medal with "V" Device and Purple Heart, and completed 2 years of honorable service. There is no bar to awarding him the Army Good Conduct Medal (1st Award) for the period of service from 6 August 1968 to 7 November 1969. 12. He was awarded the Vietnam Service Medal and participated in one campaign during his service in Vietnam. He meets the criteria for award of one bronze service star for wear on his previously awarded Vietnam Service Medal. His DD Form 214 does not list this service star. 13. GO awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of service in Vietnam. His DD Form 214 does not list this unit award. 14. His service medical treatment records only show he was wounded in action in Vietnam on 18 April 1969. While he sustained multiple injuries on that date, by regulation, not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 15. There is no evidence showing he was wounded in action in Vietnam for a second award of the Purple Heart. Further, his name is only listed once on the Vietnam Casualty Roster and a review of ADCARS failed to reveal any orders awarding him a second award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170004972 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2