IN THE CASE OF:	  

		BOARD DATE:	       17 September 2008

		DOCKET NUMBER:  AR20080004884 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the period ending 
21 November 1967 to show award of two Purple Hearts [correctly known as the Purple Heart First Oak Leaf Cluster] and the Bronze Star Medal with "V" Device. 

2.  The applicant states, in effect, that he was awarded the Bronze Star Medal with "V" Device and was wounded twice while serving in Vietnam.  He states that the above awards should be added to his DD Form 214.

3.  The applicant provides his DD Form 214; Headquarters, 4th Infantry Division General Orders Number 628, dated 12 April 1967; and a Veterans Administration File Number Card.

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 22 November 1965 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam with C Company, 1st Battalion, 12th Infantry, 4th Infantry Division on or about 21 July 1966.

4.  The applicant's records contain a Western Union telefax, dated 15 November 1966, that was addressed to his parents informing them that their son (the applicant) had been slightly wounded on 12 November 1966 as a result of hostile action.  He sustained metal fragment wounds to his neck, right arm, and right shoulder.  He was admitted to the 4th Medical Battalion in Vietnam for treatment.

5.  Headquarters, 4th Infantry Division General Orders Number 628, dated 
12 April 1967, shows that the applicant was awarded the Bronze Star Medal with "V" Device for heroism on 15 February 1967.  The citation states, the applicant was wounded in an initial attack but continued to man his machine gun and was able to place devastating fire upon the rapidly advancing enemy.  

6.  The applicant departed Vietnam on or about 20 July 1967 after being credited with participating in two campaigns.

7.  On 21 November 1967, he was honorably released from active duty in the rank of Specialist (SPC)/E-4 after completing 2 years of creditable active service with no time lost.  

8.  The applicant's DD Form 214 with the ending period 21 November 1967 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Infantryman Badge, the Expert Marksmanship Qualification Badge with Pistol Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entries "Shrapnel Right Shoulder, Arm and Neck 12Nov66" and "Frag Wounds on Right Forearm & Right Thigh 15Feb67."  Item 41 (Awards and Decorations) does not show award of two Purple Hearts.


10.  There are no general orders in the applicant’s service personnel records that show he was awarded two Purple Hearts, but his name appears on the Vietnam Casualty Roster.  This record shows that he was wounded as a result of hostile action on 12 November 1966 and 15 February 1967.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

12.  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, and the medical treatment must have been made a matter of official record.  

13.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register), shows that, at the time of the applicant’s assignment to the 1st Battalion, 12th Infantry, it was cited for award of the Valorous Unit Award for the period 11 November 1966 through 13 November 1966 based on Headquarters, Department of the Army General Orders Number 18, dated 1968.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period October 1966 through 28 July 1969 based on Headquarters, Department of the Army General Orders Number 3, dated 1970.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 1st Battalion, 12th Infantry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1966 through 31 October 1969 based on Headquarters, Department of the Army General Orders Number 53, dated 1970.

17.  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.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders awarding the applicant two Purple Hearts.  However, the Western Union telefax, Headquarters, 4th Infantry Division General Orders Number 628, DA Form 20, and Vietnam Casualty Roster confirm that he was wounded in combat by hostile forces on 12 November 1966 and 
15 February 1967 and that he was treated for his wounds.  The evidence shows that the applicant is entitled to award of the Purple Heart 1st Oak Leaf Cluster for wounds sustained during hostile action.

2.  Evidence of record shows the applicant was awarded the Bronze Star Medal with "V" Device.  This award should be added to his DD Form 214.

3.  The applicant was separated in the rank of Specialist with 2 years of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal 1st Award for the period 22 November 1965 through 21 November 1967.

4.  The applicant was assigned to a unit during a period of time this unit was awarded the Valorous Unit Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His participation in two campaigns makes him eligible to wear two bronze service stars to be worn on his Vietnam Service Medal.  His DD Form 214 should be amended to add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  ___xx___  ____xx__  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:

		a.  by awarding the applicant the Purple Heart 1st Oak Leaf Cluster for wounds sustained on 12 November 1966 and 15 February 1967;

		b.  by awarding him the Army Good Conduct Medal 1st Award for the period 22 November 1965 through 21 November 1967; and

		c.  by amending his DD Form 214 to add the Purple Heart 1st Oak Leaf Cluster, the Bronze Star Medal with "V" Device, the Army Good Conduct Medal 1st Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and two bronze service stars to be worn on his already-awarded Vietnam Service Medal.




      _______xxxx _______   ___
               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)                                         AR20080004884



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ABCMR Record of Proceedings (cont)                                         AR20080004884



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