RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070008445 


	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

Mr. Michael J. Fowler

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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, in effect, correction of his military records to show award of two Purple Hearts, the Combat Infantryman Badge, two Presidential Unit Citations, the Bronze Star Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar. 

2.  The applicant states, in effect, that the above awards are not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with the ending period 8 July 1971.  He further states that prior to him receiving his first award of the Purple Heart for wounds he received on 26 April 1970 he was treated on 21 January 1970 for a concussion injury to his left eardrum which was recorded in his records and may possibly entitle him to a second award of the Purple Heart. 

3.  The applicant provides his DD Form 214; a DA Form 20 (Enlisted Qualification Record); Headquarters, 11th Armored Cavalry Regiment (ACR) Special Orders Number 216, dated 4 August 1970; Headquarters, 11th ACR General Orders Number 56, dated 6 May 1970; Headquarters, II Field Force Vietnam General Orders Number 4274, dated 3 November 1970; and a DA Form 3082-R (Statement of Medical Condition), dated 8 July 1971.

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 on 9 July 1969 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).

3.  Headquarters, U.S. Army Training Center, Armor, Fort Knox Special Orders Number 318, dated 14 November 1969 awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).
4.  The applicant arrived in Vietnam and was assigned to C Troop, 1st Squadron, 11th ACR on or about 11 December 1969.  

5.  Headquarters, 11th ACR General Orders Number 56, dated 6 May 1970 awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force on 26 April 1970. 

6.  Headquarters, 11th ACR General Orders Number 216, dated 4 August 1970 awarded the applicant the Combat Infantryman Badge.

7.  Headquarters, II Field Force Vietnam General Orders Number 4274, dated 
3 November 1970 awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period December 1969 to November 1970.

8.  The applicant departed Vietnam on or about 10 November 1970 after being credited with participating in three campaigns. 

9.  The applicant was honorably released from active duty on 8 July 1971 after completing 2 years of creditable active service. 

10.  The applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

11.  There are no orders in the applicant's records that show he was awarded the Purple Heart 1st Oak Leaf Cluster.  The applicant's name is listed on the Vietnam Casualty Roster for receiving wounds on 26 April 1970.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not show award of two Purple Hearts.

12.  The applicant provides a DA Form 3082-R, dated 8 July 1971, that shows during his separation physical he indicated on the document he sustained left eardrum damage on 21 January 1970.

13.  The applicant's medical records are not available.  

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 military medical 
personnel, and the medical treatment must have been made a matter of official record.  An oak leaf cluster is authorized for wear for each additional award of the Purple Heart.

15.  Department of the Army Pamphlet 672-3 lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 11th ACR it was awarded the Valorous Unit Award for the period 1 May 1970 through 29 June 1970 by Department of the Army General Orders Number 43, dated 1972.

16.  Department of the Army Pamphlet 672-3 does not show that at the time of the applicant’s assignment to C Troop, 1st Squadron, 11th ACR it was awarded any Presidential Unit Citations.

17.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

18.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

19.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases, that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded the Purple Heart for wounds sustained on 26 April 1970.  The applicant indicated on his medical statement that he was treated for injuries to his left eardrum prior to the above date.  However, there are no orders in the applicant's service personnel records that show he was awarded a second Purple Heart.  The applicant's name does 
not appear on the Vietnam Casualty Roster as being wounded a second time.  The applicant has not provided evidence or medical documentation that shows the injury to his eardrum was a result of hostile action.

2.  In the absence of military records which show the applicant was wounded or treated for wounds as a result of hostile action prior to 26 April 1970, there is an insufficient basis for award of a second Purple Heart in this case.  

3.  Evidence of record shows the applicant was awarded the Purple Heart, the Combat Infantryman Badge (although it appears he was not eligible for this badge as he was not an infantryman or assigned to an infantry unit), the Bronze Star Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.  These awards should be added to his DD Form 214.

4.  The applicant was assigned to a unit during a period of time the unit was awarded the Valorous Unit Award.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be amended to add these awards.

5.  The applicant met the eligibility criteria for award of three bronze service stars to be worn on his Vietnam Service Medal.  This award should be added to his DD Form 214.

6.  There is no evidence of record showing that the applicant’s unit was cited in general orders for award of any Presidential Unit Citations during the period of his assignment in Vietnam.  Therefore, his request to add two awards of the Presidential Unit Citation should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__WDP  _  __JLP  __  ___DWS   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to add the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Expert Marksmanship Qualification Badge with Rifle Bar, and three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of a second Purple Heart and two Presidential Unit Citations.




	____ William D. Powers __
          		CHAIRPERSON




INDEX

CASE ID
AR20070008445
SUFFIX

RECON

DATE BOARDED
10 JANUARY 2008
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY
MR. SHATZER
ISSUES         1.
107.0015.0000
2.
107.0111.0000
3.
107.0031.0000
4.
107.0014.0000
5.
107.0108.0000
6.