IN THE CASE OF:	  

	BOARD DATE:	  13 May 2008

	DOCKET NUMBER:  AR20080003326 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his separation document (DD Form 214) be corrected by adding two Purple Heart (PH) awards.

2.  The applicant states, in effect, that he would like his separation document to reflect two PHs for being twice wounded in combat while serving in the Republic of Vietnam (RVN).  He indicates that he can prove his entitlement to one of these awards.

3.  The applicant provides the following documents in support of his application:  Bronze Star Medal (BSM) Orders; DD Form 214; and Notification of Change in Service Member’s Official Records (DD Form 1343).


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’s record shows that he enlisted in the Regular Army and entered active duty on 26 January 1967.  He was trained in, awarded and served in military occupational specialty (MOS) 11B (Infantryman).

3.  The applicant’s Enlisted Qualification Record (DA Form 20) shows, in Item 31
(Foreign Service), that he served in the RVN from 10 January to 1 July 1968 and in Okinawa from 2 July 1968 to 4 April 1969.  It also shows that during his RVN tour, he was assigned to Company B, 1st Battalion, 327th Infantry Regiment.

4.  The applicant's DA Form 20 also shows he was assigned to at least three hospitals and a medical holding detachment as a patient during his RVN service. Item 40 (Wounds) contains two entries, which show he sustained a fragment wound to his right arm on 9 April 1968, and fragment wounds to his right arm and back on 1 June 1968.  Item 41 (Awards and Decorations) shows he earned the following awards during his active duty tenure:  National Defense Service Medal (NDSM); Parachutist Badge; Combat Infantryman Badge (CIB); RVN Campaign Medal (RVNCM); Vietnam Service Medal (VSM); BSM with “V” (Valor) Device; Expert Marksman Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains Headquarters, 101st Airborne Division General Orders Number 3007, dated 
26 June 1968.  These orders awarded the applicant the PH for being wounded in action in the RVN on 15 March 1968. 


6.  The applicant's MPRJ also contains 101st Airborne Division issued General Orders Number 7274, dated 13 October 1968, which awarded the applicant the BSM with “V” Device.  These orders include a citation that confirms on 1 June 1968, after being wounded, the applicant left his position and succeeded in moving several other wounded Soldiers to a more tenable location until he passed out from excruciating pain.

7.  On 27 February 1969, the applicant was separated from the Army under honorable conditions after completing a total of 1 year, 8 months and 2 days of active military service.  Item 24 of the DD Form 214 shows he earned the NDSM, VSM, BSM w/”V” Device, RVNCM and CIB.

8.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army (DA) Vietnam Casualty Roster.  There were two entries pertaining to the applicant on this casualty list.  They show he was twice wounded in action in the RVN, first on 15 March 1968 and again on 1 June 1968. 

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member who has been wounded or killed in 
action.  The regulation stipulates that an Oak Leaf Cluster (OLC) is awarded to denote a second and/or subsequent awards of the PH.

10.  Paragraph 2-13 of the awards regulation contains guidance on the VSM.  It states, in pertinent part, that a bronze service star is authorized with this award for each campaign a member is credited with participating while serving in the RVN.  Table B-1 contains a list of campaigns and it shows that during the applicant’s tenure of assignment in the RVN, participation credit was granted for the Vietnam Counteroffensive Phase III, TET Counteroffensive, and Vietnam Counteroffensive Phase IV campaigns.

11.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) establishes the eligibility of individual members for unit citation badges awarded during the Vietnam Conflict.  It confirms during the applicant’s tenure of assignment in the RVN, his unit (Company B, 1st Battalion, 327th Infantry Regiment) earned the RVN Civil Actions Honor Medal First Class Unit Citation.

12.  Department of the Army General Order Number 8, dated in 1974, authorized the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all personnel assigned to the RVN from 8 February 1962 through 28 March 1973. 


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was twice wounded in action while serving in the RVN was carefully considered and found to have merit.  His MPRJ contains official orders announcing his first PH award for being wounded in action in the RVN on 15 March 1968, and the official orders awarding him the BSM with "V" Device for heroism in the RVN on 1 June 1968, contain a citation that confirms he was wounded during this action.  His DA Form 20 contains two entries in Item 40, which indicates he was wounded in action on two separate occasions, and there are two entries pertaining to him on the Vietnam Casualty Roster, the official DA list of RVN casualties.  These entries confirm he was wounded in action in the RVN on 15 March 1968, and again on 1 June 1968.  

2.  In view of the facts of this case, the regulatory burden of proof necessary to support two awards of the PH has been satisfied in this case.  Therefore, it would be appropriate and serve the interest of justice to award the applicant the PH 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 1 June 1968, and to add these awards to his record and separation document at this time.  

3.  The evidence of record also confirms that the applicant earned the Expert Marksman Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar, which were not included in the list of awards contained in Item 24 of his DD Form 214, and that based on his service and campaign participation in the RVN, he is entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and 3 bronze service stars with his VSM.  Therefore, these awards should also be added to his record and separation document at this time. 

BOARD VOTE:

___x____  ___x____  ___x____  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 the individual concerned the Purple Heart 1st Oak Leaf Cluster (2nd Award) for being wounded in action in the RVN on 1 June 1968; by amending Item 24 of his DD Form 214 by adding the Purple Heart 1st Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal with First Class Unit Citation, 3 bronze service stars with his Vietnam Service Medal, the Expert Marksman Qualification Badge with Rifle (M-16) Bar, and Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar; and by providing him a correction to his separation document that reflects these changes.




       _    _x______   ___
       CHAIRPERSON
      
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.
ABCMR Record of Proceedings (cont)                                         AR20080003326



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ABCMR Record of Proceedings (cont)                                         AR20080003326


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