ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20170011737 APPLICANT REQUESTS: in effect, correction of his Purple Heart certificate dated 8 December 1968, award of a second Purple Heart for wounds received on 5 June 1967, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 6 September 1968, to show: * Purple Heart with Oak Leaf Cluster APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge) * Purple Heart certificate dated, 8 December 1968 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that his first Purple Heart is not annotated on his DD Form 214 for ending period 6 September 1968. He requests a correction to the Purple Heart’s certificate because the certificate shows “For Wounds Received In Action on 8 December 1968,” but the applicant states the correct date was 8 December 1967. He would also like to be awarded an additional Purple Heart for a separate incident that occurred on 5 June 1967. 3. The Board will not consider the portion of the applicant's request that relates to correcting his Purple Heart certificate’s “For Wounds Received In Action” date of 8 December 1968 because this contention will be addressed through an administrative correction. 4. The applicant was inducted into the Regular Army on 6 September 1966. 5. The applicant's DA Form 20 (Enlisted Qualification Record) shows in: a. item 31(Foreign Service), he served in the Republic of Vietnam from on or about 23 March 1967 through on or about 16 March 1968; b. item 38 (Record of Assignments), he served with Headquarters, 25th Infantry Division during his service in Vietnam; c. item 40 (Wounds), the entry "Buttocks and Right Shoulder," the date 5 June 1967, and another entry, “Scfapnel in lower right leg,” and the date 8 December 1967; and d. item 41 (Awards and Decorations), the absence of an entry that indicates he was awarded either Purple Heart. 6. The applicant’s record contains a Western Union document that was sent to his family at the time he received his wounds. The document shows that on 5 June 1967 the applicant sustained metal fragment wounds to his right buttocks and right shoulder. He was on combat operations when hit by fragments from a hostile grenade. 7. Army Regulation (AR) 600-8-22 (Military Awards) states the Purple Heart is awarded to members of the Armed Forces of the United States who is killed or wounded in action by weapon fire while directly engaged in armed conflict. 8. The applicant's records are void of any documentation that shows he received a Purple Heart for wounds he received 5 June 1967. 9. The applicant's name appears on the Vietnam casualty roster and shows he was wounded on 5 June 1967. 10. A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973, failed to reveal any orders that confirm the applicant was awarded the Purple Heart for wounds received 5 June 1967. 11. The applicant's DA Form 20 shows he had all "excellent" conduct and efficiency ratings. Additionally, his record did not contain any evidence of convictions by a court- martial. 12. The applicant was released from active duty on 6 September 1968. His DD Form 214 does not reflect award of the Purple Heart or the Army Good Conduct Medal (1st Award). 12. AR 635-5 (Separation Documents), in effect at the time, provides guidelines for the preparation of the DD Form 214 and states that all available records will be used for the preparation of this form. 13. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. //NOTHING FOLLOWS// BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include service in Vietnam, the dates for wounds (item 40) on his DA Form 20, the 5 June 1967 casualty notification, the Purple Heart orders dated 23 April 1968, and his DD Form 214. The Board found based on a preponderance of evidence, that the applicant should be awarded a second Purple Heart and the Army Good Conduct Medal. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: In addition to the corrections stated in the Administrative Note(s) that follow, 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 the Purple Heart for wounds received in Vietnam on 5 June 1967; - Awarding the Army Good Conduct Medal for the period of service from 8 Sep 66 to 6 Sep 68, and; - Amending his DD Form 214 for the period of service ending 6 Sep 68 to add in item 24 (Decorations, Medals, Badges, Commendation, Citation and Campaign Ribbons…) - Purple Heart (2d Award) and the AGCM, as well as the corrections listed below. 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. ADMINISTRATIVE NOTE(S): 1. Correct the applicant's certificate for award of the Purple Heart, dated "Twenty Three April 1968" to show the applicant was wounded on "8 December 1967." 2. Make the following corrections to item 24 of the applicant's DD Form 214 for the period ending on 6 September 1968: a. delete the Vietnam Service Medal b. add the following awards: * Purple Heart * 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 ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-5 (Separation Documents), in effect at the time, provides guidelines for the preparation of the DD Form 214 and states that all available records will be used for the preparation of this form. The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 3. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, have been wounded, were killed, or who have dies or may hereafter die of wounds received. b. Servicemembers who are killed or wounded in action by friendly fire. In accordance with 10 USC section 1129 for award of the Purple Heart, the Secretary of the Army will treat a Servicemember of the Armed Forces described in the same manner as a Servicemember who is killed or wounded in action as the result of an act of an enemy of the United States. A Servicemember described is one who is killed or wounded in action by weapon fire while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States, unless (in the case of a wound) the wound is the result of willful misconduct of the Servicemember. d. A wound is defined as an injury to any part of the body from an outside force or agent sustained under one or more of the conditions listed above. A physical lesion is not required. However, the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member’s medical and/or health record. Award of the Purple Heart may be made for wounds treated by a medical professional other than a medical officer, provided a medical officer includes a statement in the Service member’s medical record that the extent of the wounds was such that they would have required treatment by a medical officer if one had been available to treat them. 4. Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) 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. Service school efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying. There must have been no convictions by a court-martial. However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders. ABCMR Record of Proceedings (cont) AR20170011737 7 1