IN THE CASE OF:	 

		BOARD DATE:	  23 December 2008

		DOCKET NUMBER:  AR20080014675 


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 that his separation document, DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected from reading "BSM w/device" to "BSM w/ V device."  He also requests for the award of two Purple Hearts (in effect, Purple Heart First Oak Leaf Cluster).

2.  The applicant states that the clerk made a mistake when the final DD Form 214 was completed.

3.  The applicant provides a copy of his DD Form 214, Form 180 (Request Pertaining To Military Records), five character statements, and a one page copy of a photograph with the written words Back, Concussion, and Laceration.

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 personnel record shows he was appointed as a Reserve Commissioned officer of the Army in the grade as second lieutenant on 20 November 1967.  He was promoted to first lieutenant on 3 September 1968.

3.  He served with Company B, 2nd Battalion, 505th Infantry, 3rd Brigade, 82nd Airborne Division in the Republic of Vietnam during the period 18 August 1968 to 18 February 1969.  

4.  He was honorably released from active duty and transferred the U.S. Army Reserve Control Group (Annual Training), St. Louis, Missouri on 4 September 1969.  He completed 1 year, 9 months, and 14 days of active service.

5.  The applicant's DD Form 214, Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the entry "NDSM, PB, VSM, CIB, BSM w/device, BSM w/device, BSM w/1 Olc, and ARCOM."  However, it does not show the award of the Bronze Star Medal with "V" Device or the Purple Heart First Oak Leaf Cluster.

6.  General Orders Number 7787 dated 19 October 1968 show that the applicant was awarded the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 27 May 1968.  

7.  Item 31 (Awards and Decorations) of the applicant's DA Form 66 (Officer Qualification Record) shows the awards of the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device 1960, Bronze Star Medal with "V" Device, Bronze Star Medal First Oak Leaf Cluster, and the Army Commendation Medal.

8.  There are no general orders in the available records which show the applicant was awarded the Purple Heart.

9.  There are no medical records in the applicant's official military personnel file to show he sustained wounds as a result of hostile action or to show he was treated for wounds sustained as a result of hostile action.

10.  A review of the Republic of Vietnam Casualty Files does not show the applicant's name listed among those wounded.

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

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an 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 records indicates entitlement to additional awards that are not shown in item 24 of his DD Form 214.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the unit to which the applicant was assigned, 2nd Battalion, 505th Infantry, was cited for an award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 43, dated 1970 and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 48, dated 1971.

15.  The applicant's records show that he was awarded the Vietnam Service Medal.  However, his DD Form 214 does not show any bronze service stars indicating campaign credit.

16.  Appendix B of Army Regulation 600-8-22 shows that based on the applicant's dates of service in the Republic of Vietnam, he participated in the Vietnam Counteroffensive, Phase V (1 July 1968 to 1 November 1968) and Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969).  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.  The five character statements that were submitted by the applicant states that in March 1968 the applicant's truck hit a mine and a booby trap, which caused the applicant to go airborne and then crash into the rear end of the truck and onto the ground causing an injury.  The applicant disregarded his own injuries and refused medical aid.  The statements further say that on 21 January 1969 the applicant was wounded in the leg during a battle that lasted many days, but he would not leave the platoon to be medically evacuated.  The applicant was wounded between 20 and 23 January 1969 when he "jumped a helicopter with little time left in country with me to get into the fight.  He was hit in the left leg 


below the knee and he was treated by the medic.  He then rejoined the fight.  In another statement it was said that the applicant received a serious wound to his lower left leg which the medic treated three or four times over a few days and the applicant had remained with the unit until they were extracted to the 3rd Brigade's area of operation.

18.  His company commander at the time states that the applicant was wounded on 21 January 1969, but since his wound was minor he did not require evacuation, he was treated by the medic and he continued the mission.  His commander states that the only explanation for the applicant not receiving the Purple Heart was because within 10 days of the action the applicant rotated back to the United States.  He further states that the administrative actions required by the company after the protracted combat operations were so great that a report of the applicant's injuries was lost or never filed.  The commander states that if there is any fault to be found he was ultimately responsible for the administrative actions of the unit.  He strongly recommends that the applicant be awarded the Purple Heart for wounds he sustained on 21 January 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his records should be corrected to reflect the award of the Bronze Star Medal with "V" Device and the Purple Heart First Oak Leaf Cluster.

2.  There is insufficient evidence to show that the applicant was wounded as result of hostile action against enemy force and that the wound was treated by a medical officer and the medical treatment was made a matter of official record.  Additionally, his name does not appear on the Republic of Vietnam Casualty Roster.

3.  The character statements were considered.  However, given the lack of evidence to show that the applicant received medical treatment and that the treatment was made a matter of official record, the statements are insufficient to warrant award of the Purple Heart First Oak Leaf Cluster.

4.  Evidence shows that the applicant was awarded the Bronze Star Medal with "V" Device and Bronze Star Medal with First Oak Leaf Cluster.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal with "V" Device and Bronze Star Medal with First Oak Leaf Cluster.  



5.  Evidence shows the applicant was assigned to a unit authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his records to show these foreign unit awards.

6.  Evidence shows the applicant was assigned to a unit in the Republic of Vietnam that participated in two campaigns.  Therefore, he is entitled to correction of his records to show two bronze service stars to be affixed to his Vietnam Service Medal.

7.  Concerning the abbreviated awards in Item 24 of the applicant's DD Form 214, Army Regulation 635-5 does not provide any provisions to abbreviate awards and decorations in Item 24.  Therefore, the abbreviated awards should be deleted and the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device 1960, Bronze Star Medal with "V" Device and with First Oak Leaf Cluster, and Army Commendation Medal be added.

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 deleting all awards from his DD Form 214 and adding the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal with two bronze service stars, Combat Infantryman Badge, Republic of Vietnam Campaign Medal with Device 1960, Bronze Star Medal with "V" Device and with First Oak Leaf Cluster, Army Commendation Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



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 First 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)                                         AR20080014675



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ABCMR Record of Proceedings (cont)                                         AR20080014675



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