IN THE CASE OF:	  

		BOARD DATE:	       12 November 2008

		DOCKET NUMBER:  AR20080013664 


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 DD Form 214 (Report of Transfer or Discharge) to show two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal with First Oak Leaf Cluster) and the Purple Heart.  He also requests that item 9 (Date of Birth) on his DD Form 214 be corrected to show he was born in 1948 instead of 1944.

2.  The applicant states, in effect, that he received two awards of the Bronze Star Medal, one award in Vietnam and one award at Fort Detrick, Maryland.  He also states that he received injuries in 1967 and 1968 while serving in Vietnam, that he has wounds that prove he was stabbed by a punji stick in the right hand, and that he has wounds to prove that he ripped skin above his left knee while cutting into the 2nd North Vietnamese Army Division's base camp during the night hours.  He indicates that these wounds were apparent at the time he was struck by lightning on 16 May 1968.  He points out that the casualty report (located in the National Archives) shows the entry, "Hostile Wounded in Action:  Not Serious Not Hospitalized."  He also indicates that he was born in 1948.     

3.  The applicant provides a letter, dated 16 June 2008, from the Military Awards Branch, U.S. Army Human Resources Command, Alexandria, Virginia; an award certificate for the Bronze Star Medal; an Honorable Discharge certificate; a letter, dated 19 May 2008, from the National Personnel Records Center, St. Louis, 


Missouri; a newspaper article; a map of Vietnam; a casualty record; documents pertaining to casualty reports; a copy of his DD Form 214; and a letter, dated 
30 June 2008, from a Member of Congress.

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 induction record shows he was born in 1948.  He was inducted on 19 October 1966.  He arrived in Vietnam on 5 December 1967.  He served as a medical specialist assigned to Headquarters and Headquarters Company, 1st Battalion, 20th Infantry of the 11th Infantry Brigade in Vietnam from 5 December 1967 through 8 August 1968.  On 13 August 1968, he was released from active duty. 

3.  Item 9 on the applicant's DD Form 214 shows he was born in 1944.  His DD Form 214 shows the National Defense Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Combat Medical Badge, one award of the Overseas Service Bar, and the Expert Marksmanship Qualification Badge as authorized awards.  

4.  The applicant's DA Form 41 (Record of Emergency Data), dated August 1968, shows he was born in 1948. 

5.  Headquarters, Americal Division General Orders Number 6655, dated 
30 August 1968, show the applicant received the Bronze Star Medal for meritorious service for the period April 1967 to August 1968.  

6.  There are no orders for a second award of the Bronze Star Medal in the available records.  


7.  There are no orders for the Purple Heart in the available records.  However, the Vietnam Casualty Roster shows the applicant was wounded in action on 
16 May 1968.

8.  The applicant apparently first applied to the U. S. Army Human Resources Command for award of the Purple Heart.  He provided documents indicating he had been one of eight men defending their hill from a strong enemy attack when a big thunderstorm blew in and he was struck by lightning, left unconscious, and presumed killed.  

9.  The applicant provided a letter, dated 16 June 2008, from the Military Awards Branch, U.S. Army Human Resources Command, Alexandria, Virginia to a Member of Congress.  This letter stated, in pertinent part, that the applicant requested award of the Purple Heart for injuries suffered while serving in Vietnam, that the applicant reported that he was struck by lightning on 16 May 1968, and that he provided supporting documentation.  The letter also stated that an erroneous designation of hostile force in 1968 does not obligate the Army today to award the Purple Heart anymore than it did 40 years ago and that being struck by lightning has never entitled a Soldier to an award of the Purple Heart.   

10.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

11.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Bronze Star Medal is awarded to any person who, while serving in any capacity in or with the Army of the United States after 6 December 1941, distinguished himself or herself by heroic or meritorious achievement or service, not involving participation in aerial flight, in connection with military operations against an armed enemy; or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The regulation states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.
13.  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.

14.  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.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

15.  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 one award of the Bronze Star Medal.  Therefore, his DD Form 214 will be corrected to show this medal.  

2.  Since there is no evidence of record which shows the applicant received a second award of the Bronze Star Medal, there is insufficient evidence on which to base a second award of the Bronze Star Medal.  

3.  It appears that the applicant originally requested award of the Purple Heart from the U. S. Army Human Resources Command and stated he was struck by lightning on 16 May 1968 as the basis for the award.  It appears he provided supporting documents to show that he and a small band of men were defending their hill from an enemy attack when he was struck by the lightning.  It appears that he did not mention at that time that he had other injuries.  

4.  The applicant now states that he was injured by a punji stick during a night-time attack on an enemy base camp.  

5.  Being struck by lightning does not meet the criteria for award of the Purple Heart, and with the inconsistencies in the applicant's description of the injuries he incurred and the circumstances under which those injuries occurred it appears 


the entry on the Vietnam Casualty Roster which shows he was wounded in action on 16 May 1968 may have been an error.  There is insufficient evidence to show that the entry was not an error and, since there are no orders for the Purple Heart and no corroborating evidence, there is insufficient evidence on which to base award of the Purple Heart in this case.   

6.  Based on the applicant's service in Vietnam, he is eligible for the Vietnam Service Medal with four bronze service stars.

7.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to all units which served in Vietnam.  The applicant served in Vietnam during a qualifying period and is eligible for this award.  
 
8.  The preponderance of evidence shows the applicant was born in 1948.  Therefore, item 9 on his DD Form 214 should be corrected to show he was born in 1948. 

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 entry, "44" in item 9 on his DD Form 214;

	b.  adding the entry, "48" in item 9 on his DD Form 214; and  

	c.  adding the Bronze Star Medal, the Vietnam Service Medal with four bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation 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 a second award of the Bronze Star Medal and award of the Purple Heart.  




      _______XXX_   _______   ___
               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)                                         AR20080013664



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ABCMR Record of Proceedings (cont)                                         AR20080013664



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