RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20070004167 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Larry Bergquist

Chairperson

Ms. Marla Troup

Member

Ms. Ernestine Fields

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

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


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests two awards of the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states he received two awards of the  Purple Heart for injuries sustained on 11 May 1968 and again for injuries on 4 October 1968 in the Republic of Vietnam, but his DD 214 (Armed Forces of the United States Report of Transfer or Discharge) does not reflect the Purple Heart awards or the Combat Infantryman Badge.

3.  The applicant provided copies of two Purple Heart Certificates in support of his application.  

	a. The Secretary of the Army and a major general in the position of commander authenticated the certificate dated 12 February 1969 for wounds received in action on 11 May 1968.  

	b. The Secretary of the Army and an officer of undetermined rank and organization authenticated the second certificate dated 5 October 1968 for wounds received in action on 4 October 1968.  

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 in the Army of the United States on 5 September 1967.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). 

3.  The applicant's record contains a DD Form 214 with an effective date of separation from active duty and transfer to the United States Army Reserve as 4 September 1969.  He completed 2 years of net service during this period of enlistment.  Records show that he was assigned to Company A, 3rd Battalion, 39th Infantry, 9th Infantry Division and served in the Republic of Vietnam for 11 months and 23 days.

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of this DD Form 214 does not show award of the Purple Heart or the Combat Infantryman Badge.

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) does show entries for wounds received to his left leg on 11 May 1968 and for wounds received to his left foot on 4 October 1968.  

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does show award of the Purple Heart by General Orders 10789, published by Headquarters, 9th Infantry Division, dated 20 November 1968.  The DA Form 20 also shows award of the Combat Infantryman Badge by Special Orders 240, Headquarters, 9th Infantry Division, and award of the Army Commendation Medal by General Orders 854, published by Headquarters, 9th Infantry Division, dated 25 January 1969.

7.  The applicant's name is on the Vietnam Casualty Roster.  The roster shows that the applicant was reported through military medical personnel accounting systems as "hostile wounded in action" on 11 May 1968 and again on 4 October 1968.  

	a. The applicant's military personnel record contains general orders, which authorized him two awards of the Purple Heart for wounds sustained while engaged in military operations against a hostile force.  Award of the Purple 
Heart was made through General Orders 10789, published by Headquarters, 
9th Infantry Division, dated 20 November 1968, for wounds received in connection with military operations against a hostile force on 11 May 1968.  

	b. He received a second award of the Purple Heart through General Orders 1614, published by Headquarters, 9th Infantry Division, dated 
12 February 1969 for wounds received in connection with military operations against a hostile force on 11 May 1968.  There were two general orders announcing award of the Purple Heart for injuries sustained on the same day, 
11 May 1968.  No general orders were published for injuries sustained on 
4 October 1968.

8.  The applicant's military personnel record contains Special Orders 240, dated 27 August 1968, published by Headquarters, 9th Infantry Division, awarding the applicant the Combat Infantryman Badge (First Award) while assigned to Company A, 3rd Battalion, 39th Infantry.

9.  A further review of the applicant's military personnel record shows he was awarded two Army Commendation Medals that are not shown on his DD Form 214.  

	a.  General Orders 854, dated 25 January 1969, published by Headquarters, 9th Infantry Division, awarded the applicant the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam from February 1968 through January 1969.  

	b.  The second award of the Army Commendation Medal was made by General Order 2448, dated 3 March 1969, published by Headquarters, 9th Infantry Division, awarded the applicant the Army Commendation Medal First Oak Leaf Cluster for outstanding achievement in connection with military operations against a hostile force in the Republic of Vietnam from 1 January 1969 through 1 February 1969.

10.  The Purple Heart was established by General George Washington at Newburgh, New York on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national 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, died or sustained wounds as a result of hostile action.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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, and the medical treatment must have been made a matter of official record.  This regulation also provides that there are no time limitations for requests for award of the Purple Heart.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers, enlisted, and warrant officers who have an infantry military occupational specialty (MOS).  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  

14.  Army Regulation 635-5 (Personnel Separations Documents) states, in effect, that all awards and decorations shall be listed in order of precedence for the period of service the DD Form 214 is prepared.  Entries are verified by Soldiers military personnel records, general orders, military messages or other authoritative document.

15.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

16.  Appendix B of Army Regulation 600-8-22 shows that the applicant participated in the TET Counteroffensive, the Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the Vietnam Counteroffensive Phase VI campaigns during his tour of duty in the Republic of Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

17.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO)Number 31, dated 1969.  He is entitled to award of the Valorous Unit Award based on DAGO Number 43, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The Vietnam Casualty Report shows the applicant was wounded by hostile force on two separate occasions and that he received medical treatment on 11 May 1968 and again on 4 October 1968; therefore, based on the available evidence he is entitled to award of the Purple Heart First Oak Leaf Cluster.

2.  Two general orders awarded the applicant his initial Army Commendation Medal and the Army Commendation Medal with First Oak Leaf Cluster.  Therefore, he is entitled to have his records corrected to show award of the Army Commendation Medal with Oak Leaf Cluster.

3.  General orders awarded the applicant the Combat Infantryman Badge, which is sufficient evidence to correct his records to show this award.

4.  Evidence of record shows that the applicant is entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Valorous Unit Award; therefore, he is entitled to have his records corrected to show this award.

5.  The evidence also shows that the applicant participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his records to show award of four bronze service stars to be worn on his Vietnam Service Medal.

BOARD VOTE:

___LB___  ___MT __  __EF ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 First Oak Leaf Cluster for wounds sustained on 4 October 1968, then amending his DD Form 214 to show the following awards:

	a.  the Purple Heart First Oak Leaf Cluster;	

	b.  the Army Commendation Medal First Oak Leaf Cluster;

	c.  the Combat Infantryman Badge;

	d.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation;

	e.  the Valorous Unit Award; and 

	 f.  four bronze service stars to be affixed to his previously awarded Vietnam Service Medal.





_____ Larry Bergquist________
          CHAIRPERSON




INDEX

CASE ID
AR20070004167
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070911
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
107.0000/.0033/.0073/.0094/.0095
2.

3.

4.

5.

6.