IN THE CASE OF:	

		BOARD DATE:	        15 October 2008

		DOCKET NUMBER:  AR20080009937 


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, award of the Air Medal, the Bronze Star Medal, the Army Commendation Medal with “V” Device, and the Purple Heart. 

2.  The applicant states, in effect, that he was quickly put out on his expiration term of service, that these are his awards as a combat infantry veteran, and that he was wounded by shrapnel.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or Discharge), in support of is 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 enlisted on 13 November 1968 for a period of 2 years.  He arrived in Vietnam on 1 November 1969.  He served as a light weapons infantryman assigned to Companies D and E, 2nd Battalion, 28th Infantry of the 1st Infantry Division in Vietnam from 19 November 1969 through 16 February 1970.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 2nd Infantry in Vietnam from 17 February 1970 through 2 April 1970.  He was assigned to Company M, 75th Infantry, 199th Infantry Brigade in Vietnam from 3 April 1970 through 4 September 1970.  On 5 September 1970, the applicant was released from active duty.  

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Combat Infantryman Badge as authorized awards.  

4.  Headquarters, 1st Infantry Division General Orders Number 1341, dated 
1 February 1970, show the applicant received the Air Medal for meritorious achievement during the period 19 November 1969 to 16 January 1970.  

5.  Headquarters, 1st Infantry Division General Orders Number 1544, dated 
6 February 1970, show the applicant received the Army Commendation Medal with “V” Device for heroism on 21 January 1970.  

6.  Headquarters, 1st Infantry Division General Orders Number 4019, dated 
13 March 1970, show the applicant received the Army Commendation Medal with First Oak Leaf Cluster for meritorious achievement during the period 18 February 1970 to 3 March 1970.  

7.  Headquarters, United States Army Vietnam General Orders Number 1111, dated 7 May 1970, show the applicant received the Army Commendation Medal with Second Oak Leaf Cluster for meritorious achievement during the period
10 November 1969 to 9 April 1970.  

8.  Headquarters, 199th Infantry Brigade (Separate) (Light) General Orders Number 947, dated 2 August 1970, show the applicant received the Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 20 November 1968 to 3 September 1970 (sic).  

9.  Headquarters, United States Army Vietnam General Orders Number 3834, dated 20 August 1970, show the applicant received the Army Commendation Medal with Third Oak Leaf Cluster for meritorious achievement during the period 10 April 1970 to 9 September 1970.  

10.  Headquarters, United States Army Vietnam General Orders Number 3955, dated 25 August 1970, show the applicant received the Bronze Star Medal for meritorious service during the period November 1969 to September 1970.  

11.  There is no evidence in the available records which show that the applicant was awarded the Purple Heart or was wounded as a result of hostile action in Vietnam.

12.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) on his DA Form 20 is blank.  The applicant's name does not appear on the Vietnam Casualty Roster.

13.  Records show the applicant served in three campaigns during his assignment in Vietnam.

14.  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 applicant's unit (Company M, 75th Infantry) is eligible for award of the Meritorious Unit Commendation for actions during the period 1 January 1969 to 30 June 1970 based on Department of the Army General Orders Number 50, dated 1971.

15.  Department of the Army Pamphlet 672-3 shows the applicant's unit (2nd Battalion, 28th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (23 September 1969 to 15 February 1970) based on Department of the Army General Orders Number 2, dated 1971; and his unit (Company M, 75th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (19 June 1968 to 31 July 1970) based on Department of the Army General Orders Number 51, dated 1971. 

16.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

17.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
(2nd Battalion, 28th Infantry) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970; and his unit (Company M, 75th Infantry) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  

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

19.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  Orders show the applicant received the Air Medal, the Bronze Star Medal, and the Good Conduct Medal.

2.  Orders show the applicant received four awards of the Army Commendation Medal, one of which was for valor.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with “V” Device (Third Oak Leaf Cluster).   

3.  There is no evidence of record which shows that the applicant was wounded as a result of hostile action in Vietnam.  Therefore, there is insufficient evidence on which to base award of the Purple Heart in this case.  

4.  The applicant participated in three campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with three bronze service stars.

5.  The applicant’s unit (Company M, 75th Infantry) was cited for award of the Meritorious Unit Commendation while he was assigned to it.

6.  The applicant's units (2nd Battalion, 28th Infantry and Company M, 75th Infantry) were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is eligible to wear one of those awards.  However, his DD Form 214 should be amended to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
  
7.  The applicant's units (2nd Battalion, 28th Infantry and Company M, 75th Infantry) were also each awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___XX_____  ____XX____  ___XX_____  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 adding the Air Medal, the Bronze Star Medal, the Good Conduct Medal, the Army Commendation Medal with “V” Device (Third Oak Leaf Cluster), the Meritorious Unit Commendation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal 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 award of the Purple Heart.



      _______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)                                         AR20080009937



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ABCMR Record of Proceedings (cont)                                         AR20080009937



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