IN THE CASE OF:	  

		BOARD DATE:	  	  11 December 2008

		DOCKET NUMBER:  AR20080007401 


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 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, correction of his separation document to show the Silver Star and the second award of the Purple Heart (correctly known as the Purple Heart with 1st oak leaf cluster).

2.  The applicant states, in effect, that these awards were not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of his DD Form 214 in support of this application.

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 he was inducted into the Army of the United States on 8 May 1968.  The highest rank/pay grade he attained while serving on active duty was staff sergeant (SSG)/pay grade E-6. 

3.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows he performed duties in the Republic of Vietnam as a “Squad Leader” with Company A, 1st Battalion, 7th Cavalry, 1st Cavalry Division from 6 April 1969 through 31 August 1969.

4.  The applicant's records contain a copy of General Order Number 9945, Headquarters, 1st Cavalry Division (Airmobile), APO San Francisco 96491, dated 18 August 1969 which shows he was awarded the Silver Star for gallantry in action while engaged in military operations on 14 August 1969. 

5.  Section 40 (Wounds) of the applicant’s DA Form 20 shows the applicant received fragment wounds to the right calf, the right chest, and the head on
14 August 1969.  

6.  Section 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Purple Heart, the Silver Star, and the Bronze Star Medal.  

7.  The applicant's records contain a copy of General Order Number 222, Headquarters, 93rd Evacuation Hospital, APO 96491, dated 15 August 1969 which shows he was awarded the Purple Heart for wounds received in action on 
14 August 1969. 

8.  The applicant's records contain a copy of General Order Number 9812, Headquarters, 1st Cavalry Division (Airmobile), APO San Francisco 96491, dated 
16 August 1969 which shows he was awarded the Purple Heart for wounds received in action on 14 August 1969. 


9.  On 19 December 1969, the applicant was honorably released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) after completing a total of 1 year, 7 months, and 12 days of creditable active service.  The DD Form 214 he was issued shows he earned the Vietnam Service Medal with one bronze service star, the Purple Heart, the Combat Infantryman Badge, the Bronze Star Medal with "V" Device, the Republic of Vietnam Campaign Medal with Device (1960), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).  The Silver Star and the Purple Heart with 1st oak leaf cluster are not listed as authorized awards.

10.  The applicant's name is listed on the Vietnam Casualty Roster once for being wounded as a result of hostile action.

11.  A review of the applicant’s records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

12.  A review of the applicant's records show there is no record of derogatory or adverse information on file in his military service records or that the applicant was disqualified for award of the Good Conduct Medal.  The applicant's record also shows the applicant received conduct and efficiency ratings of “excellent” throughout his service.  There is no evidence that the applicant was awarded the Good Conduct Medal during his period of service from 8 May 1968 through 
19 December 1969.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 through 19 May 1969 by Department of the Army General Orders Number 70, dated 1969.

14.  Department of the Army Pamphlet 672-3 also shows at the time of the applicant’s assignment to the 1st Battalion, 7th Cavalry was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 19 May 1969 by Department of the Army General Orders Number 42, dated 1970.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in two campaigns during his service in Vietnam.  This document shows that the applicant participated in the Tet 69 Counteroffensive, 

1969 (23 February 1969 – 8 June 1969) and the Vietnam Summer - Fall 1969
(9 June 1969 – 31 October 1969) campaigns during his tenure in the Republic of Vietnam.  This same regulation states that a bronze service star will be worn on the Vietnam Service Medal for participation in each campaign.

16.  Army Regulation 600-8-22 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.  A Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

17.  Army Regulation 672-5-1, in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  Ratings of "Unknown" for portions of the period under consideration are not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he is entitled to the award of the Purple Heart with 1st oak leaf cluster and the Silver Star were carefully considered and found to have partial merit. 

2.  General Orders show that the applicant was awarded the Silver Star on 
18 August 1969.  Therefore, his records should be corrected to show this award.

3.  The evidence of record shows that two orders were erroneously published awarding the applicant the Purple Heart for injuries he received on 14 August 1969.  The evidence of record confirms that he was only injured one time by hostile action.  The applicant is only listed on the Vietnam Casualty Roster one time.  Army Regulation 600-8-22 states that only one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  Therefore, he is not entitled to award of the Purple Heart with 1st oak leaf cluster.
4.  The available evidence confirms the applicant served from 8 May 1968 through 19 December 1969 and there is no derogatory information in the available record that would have disqualified him for award of the Army Good 
Conduct Medal (1st award).  The available evidence also shows the applicant received conduct and efficiency ratings of “excellent” throughout his service.  Therefore, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of a qualifying period of service.

5.  General Orders show the 1st Battalion, 7th Cavalry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

6.  General Orders show the 1st Battalion, 7th Cavalry was awarded the Republic of Vietnam Civil Actions Honor Medals First Class Unit Citation which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

7.  Records show the applicant participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to have his records corrected to show award of two bronze service stars for wear on his already-awarded Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  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:

a.  deleting the Vietnam Service Medal with one bronze service star from 
his DD Form 214; 

   
   b.  awarding the applicant the Army Good Conduct Medal for exemplary
conduct, efficiency, and fidelity from 8 May 1968 through 19 December 1969; and 
   
   c.  adding the Silver Star, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Vietnam Service Medal with two bronze service stars to his DD form 214. 

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 the Purple Heart with 1st oak leaf cluster.



      		___________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)                                         AR20080007401



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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