IN THE CASE OF:	  

		BOARD DATE:	  

		DOCKET NUMBER:  AR20080009864 


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 discharge document to show award of the Bronze Star Medal and 4 awards of the Purple Heart.

2.  The applicant states, in effect, that he arrived at An Khe, Vietnam in January 1967 with the 1st Cavalry:

     a.  that 5 or 6 days after arriving in Vietnam he was on a short range patrol during orientation and received a small fragmentation wound to his right arm from a grenade.  He adds the wound was very small.  The wound was bandaged and he never thought about the possibility of a Purple Heart.

     b.  in May 1967, while making an air assault on a mountaintop, the helicopter he was in was shot down.  He also states that 28 of the Soldiers onboard were killed, he and several other Soldiers received cuts and bruises, and they were medically evacuated.  The applicant adds that, as a result of his injuries, he spent approximately 2 weeks in the hospital.

     c.  on 7 December 1967 while in a major fire fight with a battalion of the North Vietnamese Army (NVA), he was hit with shrapnel on his right bicep, treated for his wound, and told to get on a helicopter and head to the rear.  However, since his wound was minor and there were many other Soldiers who were seriously wounded, the applicant decided to return to the line and fight with his buddies.  A short time later, he was shot in the right thigh and he was then medically evacuated.  The applicant states that, as a result of his injuries, he spent 4 or 5 days in a forward hospital and was then sent to Japan. He adds that he was medically evacuated to Fitzsimons General Hospital, Denver, Colorado, in December 1967 and was a patient there until July 1967.

     d.  he concludes by stating that he never actually received a Purple Heart or Bronze Star Medal.  He adds that the Purple Heart is listed on his discharge document and he has a form that indicates he received a Bronze Star Medal for heroism.

3.  The applicant provides a 2-page self-authored statement, dated 14 April 2008; Western Union Telegram, dated 9 December 1967; and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 30 July 1968.

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 military service records show he was inducted into the Army of the United States on 18 August 1966.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's military service records contain a DA Form 20 (Enlisted Qualification Record).  Item 31 (Foreign Service) shows he served overseas in U.S. Army Pacific (USARPAC) in the Republic of Vietnam (RVN) from
25 January 1967 through 22 December 1967.  Item 38 (Record of Assignments) shows, in pertinent part, he was assigned to Company A, 1st Battalion,
8th Cavalry Regiment, 1st Cavalry Division (RVN) from 1 February 1967 through 24 December 1967.  This item also shows that, on 25 December 1967, he was reassigned as a patient to the Medical Hold Company, Fitzsimons General Hospital, Denver, Colorado.  Item 39 (Campaigns) of this document shows the applicant participated in the Vietnam Counteroffensive Phase II.  Item 40 (Wounds) contains the entry, “Frag right arm, Gun shot wound right thigh, 7 Dec 67” and Item 41 (Awards and Decorations) shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with ‘1960’ Device, Expert Marksmanship Qualification Badge with (M-14) Rifle Bar, and 1 Overseas Service Bars.

4.  The applicant's military service records contain a copy of Headquarters, U.S. Army Vietnam (RVN), Casualty Report message, date-time-group 082120Z December 1967.  This document shows the applicant received a metal fragment wound to his right arm and gunshot wound to his right thigh while on a search and destroy operation in the vicinity of Binh Dinh (RVN) when engaged by a hostile force in a firefight at 1445 hours on 7 December 1967.  This document also shows the applicant was treated at the 67th Evacuation Hospital and was being held for further treatment.

5.  The applicant's military service records contain a copy of Headquarters,
85th Evacuation Hospital (Surgical Mobile) (RVN), General Orders Number 189, dated 10 December 1967.  These orders show, in pertinent part, the applicant was awarded the Purple Heart (1st Award) for wounds received in action in the RVN on 7 December 1967.

6.  The applicant's military service records contain a copy of Headquarters,
1st Cavalry Division (Airmobile) (RVN), General Orders, Number 670, dated
1 February 1968.  These orders show the applicant was awarded the Bronze Star Medal with ‘V’ Device for heroism, not involving participation in aerial flight, in connection with military operations against a hostile force in the RVN on
7 December 1967.  The narrative reason for the award states, in pertinent part, “[d]uring a fire fight with a hostile force, Private First Class [Applicant’s Name] was wounded, but refused to be evacuated and returned to the contact area after receiving first aid.  Continually exposing himself to the enemy fire, he placed effective fire against the hostile positions.  At this time Private First Class [Applicant’s Name] was wounded for a second time and was evacuated to the medical aid station.” 

7.  There are no orders or other evidence in the applicant’s military service records showing he was wounded on any other date than 7 December 1967, or that he was awarded any additional awards of the Purple Heart.

8.  A review of The Adjutant General Office, Casualty Division's Vietnam Casualty Roster, shows the applicant’s name is listed once and confirms that he was wounded in action in the RVN on 7 December 1967.


9.  A search of the U.S. Army Human Resources Command (USA HRC), Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce any other award orders pertaining to the applicant during his service in the RVN.

10.  The applicant’s military service records contain a SF 88 (Report of Medical Examination), dated 20 April 1968, completed for the purpose of the applicant’s Medical Evaluation and Physical Evaluation Boards.  The Clinical Evaluation section, Item 35 (Upper Extremities), Item 36 (Feet), Item 37 (Lower Extremities), and Item 41 (Neurologic) show than an “X” was placed in the “Abnormal” column for each of these items and that the “Notes” section, in pertinent part, contains the entries, “35.  Fragment wound, right arm; 36. - 37. Wound of right thigh with sciatic nerve injury.  41. See 36., 37.”

11.  The applicant’s military service records contain a DA Form 199 (Medical Board Proceedings), dated 30 April 1968, with enclosures.  This documentation, in pertinent part, documents the applicant’s military and medical histories and, in particular, the applicant’s wounds sustained on 7 December 1967 at 1430 hours, near Bong Son (RVN).  A review of this documentation fails to show any mention of any other injuries sustained by the applicant while serving in the RVN.

12.  The applicant’s military service records contain a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 30 July 1968.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Purple Heart, National Defense Service Medal, Vietnam Service Medal with 1 bronze service star, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service Bar.
The DD Form 214 also shows the applicant was honorably retired on 30 July 1968 and placed on the temporary disability retired list (TDRL).  At the time, he was credited with completing 1 year, 11 months, and 13 days net service this period; 1 year, 11 months, and 23 days total active service; and 0 years,
10 months, and 28 days foreign service.

13.  The applicant’s military service records contain a copy of Headquarters, Department of the Army, Office of The Adjutant General, Washington, District of Columbia, Letter Orders Number D2-1265, dated 25 February 1972.  These orders show that the applicant was removed from the TDRL and honorably discharged from the service, effective 29 February 1972, with entitlement to severance pay.



14.  In support of his application, the applicant provides a Western Union Telegram, dated 9 December 1967, that shows the Secretary of the Army informed the applicant’s parents that the applicant was slightly wounded in the RVN on 7 December 1967 as a result of hostile action when he received a metal fragment wound to his right arm and gunshot wound to his right thigh while on a combat operation when engaged by a hostile force. This document also shows the applicant was treated at the 67th Evacuation Hospital and was being held for further treatment.

15.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

16.  There is no evidence the applicant received the first award of the Good Conduct Medal.  The applicant received conduct and efficiency ratings of “excellent” throughout the entire period of his military service, his records do not contain any adverse information, and there is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.

17.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for Vietnam.  This document shows that the applicant participated in the Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III campaigns.

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 that, at the time of the applicant's assignment to Company A, 1st Battalion, 8th Cavalry Regiment, 1st Cavalry Division (RVN), the unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number
59 (1969).

19.  The applicant's military service records contain a copy of Headquarters,
Fort Polk, Fort Polk, Louisiana, Special Orders Number 317, dated 8 December 1966, that show he was awarded the Marksman Marksmanship Qualification Badge with (M-60) Machinegun Bar.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  


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

22.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours will be awarded the Purple Heart by the organization to which the individual is assigned. Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam will be awarded the Purple Heart directly by the hospital commander rendering treatment.

23.  Army Regulation 600-8-22, in pertinent part, provides that a Purple Heart is authorized for the first wound suffered under conditions cited (i.e., in the Military Awards regulation), but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.  This Army regulation also states that 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.

24.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  

25.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.

26.  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, including the Vietnam Service Medal.


27.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and Decorations) provided for the processing of foreign awards and decorations presented to individuals and units.  It states, in pertinent part, that the Republic of Vietnam Gallantry Cross Unit Citation was awarded in four degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze Star.

28.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in pertinent part, states that unit awards are authorized for permanent wear by an individual who was assigned and present for duty with the unit at any time during the period cited or who was attached by competent orders to and present for duty with the unit during the entire period or at least 30 consecutive days of the period cited.

29.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  The qualification badges are in three classes:  Expert, Sharpshooter, and Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Bronze Star Medal because he was cited for heroism in action on 
7 December 1967.  He also contends that his records should be corrected to show 4 awards of the Purple Heart because he was wounded in the RVN on
3 different dates and on 4 separate occasions.  

2.  Records show that General Orders awarded the applicant the Bronze Star Medal for heroism in connection with military operations against a hostile force in the RVN on 7 December 1967.  Therefore, it would be appropriate to correct the applicant’s records to show award of the Bronze Star Medal.

3.  There is no evidence of record, and the applicant provides insufficient evidence, to support the applicant’s claim that he was wounded in action in January 1967 while serving in the RVN.

4.  There is no evidence of record, and the applicant provides insufficient evidence, to support the applicant’s claim that he was wounded in action in May 1967 while serving in the RVN.


5.  The evidence of record shows that the applicant received a metal fragment wound to his right arm and gunshot wound to his right thigh while on a search and destroy operation in the vicinity of Binh Dinh (RVN) when engaged by a hostile force in a firefight on 7 December 1967.  The evidence of record also shows the applicant was treated at the 67th Evacuation Hospital and was held for further treatment.  The evidence or record further shows that General Orders were issued by the hospital commander awarding the applicant the Purple Heart (1st Award) for wounds received in action on 7 December 1967.  

6.  The evidence of record shows that the General Orders announcing the applicant’s award of the Bronze Star Medal for heroism in action on 7 December 1967 state, in pertinent  part, “[d]uring a fire fight with a hostile force, Private First Class [Applicant’s Name] was wounded, but refused to be evacuated and returned to the contact area after receiving first aid” and “[a]t this time Private First Class [Applicant’s Name] was wounded for a second time and was evacuated to the medical aid station.”

7.  The evidence of record shows that the 2 wounds the applicant received on 
7 December 1967 were not received at the same instant or from the same missile, force, explosion, or agent.  Thus, the evidence of record confirms that the applicant was wounded in action on 2 separate occasions on 7 December 1967 as a result of hostile action, the wounds required treatment, and the medical treatment was made a matter of official record.  Therefore, it would be appropriate to correct the applicant’s records to show 2 awards of the Purple Heart.

8.  Records show the applicant qualified for the first award of the Good Conduct Medal during the period 18 August 1966 through 30 July 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, it would be appropriate to correct his records to show award of the Good Conduct Medal.

9.  Records show the applicant qualified for award of the Vietnam Service Medal and that he participated in 2 campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of 
2 bronze service stars to be affixed to his Vietnam Service Medal. 

10.  Records show that General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his records to show this foreign unit award.

11.  Records show that Special Orders awarded the applicant the Marksman Marksmanship Qualification Badge with Machinegun Bar.  Therefore, it would be appropriate to correct his records to show this badge with the component bar.

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.  awarding the applicant the Purple Heart (1st Oak Leaf Cluster) for wounds received in action in the Republic of Vietnam on 7 December 1967;

     b.  deleting from Item 24 of his DD Form 214 the Purple Heart and Vietnam Service Medal with 1 bronze service star; and

     c.  adding to Item 24 of his DD Form 214 the Bronze Star Medal, Purple Heart (1st Oak Leaf Cluster), Good Conduct Medal, Vietnam Service Medal with
2 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Marksman Marksmanship Qualification Badge with Machinegun Bar.












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 2 additional awards of the Purple Heart.




      _______ _   __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)                                         AR20080009864



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ABCMR Record of Proceedings (cont)                                         AR20080009864



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