RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: FEBRUARY 24, 2004
         DOCKET NUMBER: AR2003091726


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor		Chairperson
Mr. Lawerence Foster		Member
Ms. Margaret V. Thompson		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records.

         Exhibit B - Military Personnel Records (including advisory opinion, if any).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that his DD Form 214, Report of Transfer or Discharge, be corrected to show his Purple Heart.

2. The applicant states, in effect, that he was awarded the Purple Heart after his discharge.

3. The applicant submitted a copy of his DD Form 214, Report of Transfer or Discharge, a copy of an Official Statement of Award of the Purple Heart, prepared by the Office of the Adjutant General and the Adjutant General Center, dated 8 July 1976.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an injustice that occurred on 8 July 1973. The application submitted in this case is dated 27 May 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant's military records show that he was commissioned a second lieutenant in the US Army Reserve from the Senior Reserve Officer Training Corps on 31 May 1969. He attended the Armor Officer Basic Course at Fort Knox, Kentucky, and was assigned to Fort Hood, Texas, as a first duty station.

4. The applicant was assigned to and arrived in Vietnam on 24 August 1970. He was assigned to Company C, 2nd Battalion, 22nd (Mechanized) Infantry Regiment, 25th Infantry Division. On 16 November 1970, he was reassigned to Headquarters and Headquarters Company, 1st Battalion, 5th (Mechanized) Infantry Regiment, in the same division. On 31 March 1971, the applicant was reassigned to Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry Regiment, 23rd Infantry Division, and on 15 April 1971, he was assigned to Troop B, 1st Squadron, 1st Cavalry Regiment, 23rd Infantry Division. He remained with this unit until he returned to the United States on 22 August 1971.

5. A DD Form 1380, U.S. Field Medical Card, on file in the applicant's service personnel record shows that at 1700 hours, on 12 June 1971, the applicant sustained a bullet wound to the right hand from an AK-47 Assault Rifle while he was riding a re-supply helicopter. The DD Form 1380 was prepared at the medical aid station for the 1st Battalion, 1st Cavalry Regiment.

6. Notwithstanding the above, the applicant's name does not appear on the Vietnam Casualty List.

7. There is no entry in Item 10 (Assignment Limitations) of the applicant's DA Form 66, Officer Qualification Record, to show that he was wounded in action against a hostile force. There is no entry in Item 21 (Awards and Decorations), of the DA Form 66, showing that he was awarded the Purple Heart. There are no orders in his military personnel records awarding him the Purple Heart.

8. On his return to the United States, the applicant was assigned to Fort Gordon, Georgia, to complete his active duty service obligation.

9. The applicant was honorably released from active duty, on 8 July 1973, in the rank of Captain, pay grade O-3, under the provisions of Army Regulation (AR) 635-100, section XIV, chapter 3 (Expiration of Active Duty Commitment). On his release from active duty, the applicant had 4 years commissioned officer service.

10. Block 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214, shows he was awarded the following: the Bronze Star Medal, with one oak leaf cluster; the National Defense Service Medal; the Vietnam Service Medal, with two bronze service stars; the Republic of Vietnam Campaign Medal; the Combat Infantryman Badge; the Parachutist Badge; the Ranger Tab; and two overseas service bars. The Purple Heart is not shown on the DD Form 214.

11. The applicants was awarded the Army Commendation Medal for the period 24 August 1970 thorough 15 March 1971 by General Orders Number 944, published by II Field Forces, Vietnam, dated 25 March 1971.

12. While in Vietnam, the applicant participated in the following two campaigns: Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970 through 30 June 1971; and the Consolidation I, which extended from 1 July through 30 November 1971.

13. Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign Participation Credit Register, dated 29 January 1988, lists unit awards received by units serving in Vietnam. This document shows that the unit the applicant served with in Vietnam, Headquarters and Headquarters Troop, 1st Squadron, 1st Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross,

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with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 6, dated 1974. The 1st Squadron, 1st Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 8 February through 30 April 1971, by DAGO 42, dated 1972.

14. On 29 April 1970, the applicant qualified expert with his assigned M-16 rifle. He was awarded the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar, by Special Orders Number 125, paragraph 26, prepared by Headquarters, 2nd Armored Division, Fort Hood, Texas, dated 5 May 1970.

15. Paragraph 5, DA Pamphlet 672-3, provides that individuals will not wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit Citation. This precludes wear of the Vietnamese Fourragere, which represents additional unit awards of the Republic of Vietnam Gallantry Cross. Although wear of multiple awards of the unit citation is not authorized, official military personnel and historical records will indicate all awards received. In those instances, however, where a single unit receives duplicate Vietnamese unit awards during the same period, only one unit citation will be recorded in the official military personnel and historical records.

DISCUSSION AND CONCLUSIONS:

1. The applicant sustained a bullet wound to the right hand from an AK-47 Assault Rifle while he was riding in a re-supply helicopter on 12 June 1971. The applicant received medical treatment for this wound. A DD Form 1380 was prepared at the medical aid station for the 1st Battalion, 1st Cavalry Regiment. The applicant was entitled to award of the Purple Heart.

2. There is evidence to indicate that orders were not published to award the applicant the Purple Heart while he was in Vietnam. The Official Statement of Award of the Purple Heart, which was prepared by the Office of the Adjutant General and the Adjutant General Center, on 8 July 1976, evidences this. It would be appropriate to publish orders and to present the Purple Heart to the applicant at this time.

3. The applicant served with the 1st Squadron, 1st Cavalry Regiment, and its subordinate unit, Headquarters and Headquarters Troop, when these units were cited for award of the Republic of Vietnam Gallantry Cross with Palm, Unit Citation. He is therefore entitled to award of these unit citations and to have them shown on his DD Form 214.

4. The applicant was awarded the Army Commendation Medal. This award is not shown on the applicant's DD Form 214. It would be appropriate to add this award to his separation document at this time.

5. The applicant was awarded the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar, on 5 May 1970. This qualification badge is not shown on his DD Form 214. It would be appropriate to add this qualification badge to his separation document at this time.

BOARD VOTE:

mvt_____ lf _____ rvo______ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

         a. awarding the applicant the Purple Heart for the wound he sustained to his right hand in Vietnam, on 12 June 1971, and adding this award to his DD Form 214;

b. awarding the applicant two awards of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and having these unit awards added to his DD Form 214; and

c. adding the already-awarded Army Commendation Medal and the Expert Marksmanship Qualification Badge, with Automatic Rifle Bar (M-16 Rifle) to the applicant's DD Form 214.





                  ____Raymond V. O’Connor___
                  CHAIRPERSON

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INDEX

CASE ID	AR2003091726
SUFFIX
RECON
DATE BOARDED	20040224
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.