IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080008745


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 the two Purple Hearts he was awarded  be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states, in effect, that the Purple Hearts were not added to his DD Form 214. 

3.  The applicant submitted no additional documents in support of his 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 20 September 1967.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Light Weapons Infantry).  The highest rank he attained while serving on active duty was Private First Class (E-3). 

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that he served in the Republic of Vietnam (RVN) from 5 March 1968 to 20 December 1968, performing duties in MOS 11B, Rifleman, and that during his RVN tour he was assigned to 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows that he earned the following awards during his active duty tenure:  the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the Combat Infantryman Badge (CIB), the Good Conduct Medal (1st award), the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60). 

5.  On 12 October 1969, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) after completing a total of 2 years active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Authorized) shows that the applicant was awarded the Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Combat infantryman Badge, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and two Overseas Service Bars.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show award of the Purple Heart.  

7.  Section 40 (Wounds) of the applicant's DA Form 20 shows that the applicant received a fragment wound to his forehead on 27 April 1968 and that he received a traumatic amputation to his right thumb and a fragment wound to his right thigh on 7 November 1968.  

8.  The applicant's name is listed on the Vietnam Casualty Roster for being wounded twice; on 27 April 1968 and on 27 November 1968.

9.  The applicant’s official records contain a copy of a DA Form 4980-10 (Purple Heart Certificate) that shows he was awarded the Purple Heart for wounds received on 4 March 1968.
10.  General Orders Number 10500, Headquarters, 101st Airborne Division, APO San Francisco, dated 30 November 1968 show that the applicant was awarded the Purple Heart with first oak leaf cluster for wounds received in action on 
27 November 1968.

11.  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.

12.  Army Regulation 600-8-22 also states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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

14.   General Orders Number 125, Headquarters, 101st Airborne Division, dated 
7 January 1969, show that the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force during the period from 1 April 1968 to 30 November 1968.

15.  United States Army Vietnam Regulation 672-1 (Military Awards) governed the military awards program in Vietnam during the Vietnam War.  This regulation stated that the Bronze Star Medal may have been awarded for heroism, or meritorious achievement or service which did not involve aerial flight, but which was performed in connection with military operations against an armed enemy including combat, support, and supply operations.

16.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that the applicant participated in four campaigns during his service in Vietnam.  This document shows that the applicant participated in the Tet Campaign; the Vietnam Counteroffensive Phase IV Campaign; the Vietnam Counteroffensive Phase V Campaign, and the Vietnam Counteroffensive Phase VI Campaign.  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) 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 19 April 1968 to 15 August 1968 by Department of the Army General Orders Number 21, dated 1969.

18.  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 Civil Actions Honor Medal, First Class Unit Citation for the period 18 March 1968 to 2 May 1970 by Department of the Army General Orders Number 48, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his record to show award of the Purple Heart with first oak leaf cluster. 

2.  The applicant is listed on the Vietnam Casualty Roster twice.  Section 40 of the applicant’s DA Form 20 shows that he was wounded twice.  Therefore, his records should be corrected to show award of the Purple Heart with one oak leaf cluster.

3.  General Orders show the applicant was awarded the Bronze Star Medal, which is not shown on his separation document.  Therefore, he is entitled to correction of his records to show this award.

4.  Records show the applicant participated in four campaigns during his service in Vietnam.  Therefore, he is eligible for award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  General Orders show that 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation while assigned to this unit, 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 that the 2nd Battalion, 501st Infantry Regiment, 101st Airborne Division was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation while assigned to this unit, 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 was awarded the Expert Marksmanship Qualification Badge with Rifle (M-14) and Machinegun )M-60) Bars.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

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 be corrected by:
      
      a.  deleting the Vietnam Service Medal; and 

      b.  adding award of the Purple Heart with one oak leaf cluster; the Bronze Star Medal; the Vietnam Service Medal with four Bronze Service Stars; the Republic of Vietnam Gallantry Cross with Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; the Expert Marksmanship Qualification Badge with Rifle Bar (M-16); and the Expert Marksmanship Qualification Badge with Machinegun Bar (M-60).



      		___________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)                                         AR20080008745



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ABCMR Record of Proceedings (cont)                                         AR20080008745



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