IN THE CASE OF:	  

		BOARD DATE:	        2 December 2008

		DOCKET NUMBER:  AR20080015150 


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 correction of his DD Form 214 (Report of Transfer or Discharge) to show award of the Bronze Star Medal with “V” Device, a third award of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster), and the Combat Infantryman Badge.

2.  The applicant states that his DD Form 214 is incorrect.

3.  The applicant provides a copy of his DD Form 214.  

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 was inducted on 17 August 1967.  He was awarded military occupational specialty (MOS) 11B (light weapons infantryman).  He arrived in Vietnam on 5 February 1968.  He served in MOS 11B assigned to Company D, 3rd Battalion, 21st Infantry of the 196th Light Infantry Brigade in Vietnam from 
20 February 1968 until he was wounded in action on 12 June 1968 and evacuated to the United States on 27 June 1968 for further medical treatment.  On 24 October 1968, the applicant was released from active duty in the rank of private first class and placed on the Temporary Disability Retired List the following day.  He had completed 1 year, 2 months, and 8 days of creditable active service with no time lost.

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 Purple Heart with First Oak Leaf Cluster as authorized awards.  

4.  Headquarters, 2d Surgical Hospital (Mobile Army) General Orders Number 149, dated 13 June 1968, show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 12 June 1968.

5.  Headquarters, Americal Division General Orders Number 3840, dated 8 July 1968, show the applicant received the Purple Heart for wounds received in action on 7 June 1968. 

6.  Headquarters, Americal Division General Orders Number 4381, dated 17 July 1968, show the applicant received the Bronze Star Medal with “V” Device for heroism on 3 May 1968 in Vietnam. 

7.  Headquarters, Americal Division General Orders Number 4607, dated 19 July 1968, show the applicant received the Purple Heart for wounds received in action on 12 June 1968. 

8.  There are no orders for the Combat Infantryman Badge in the available records.

9.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record shows he was wounded on 12 June 1968.   

10.  The Vietnam Casualty Roster shows the applicant was wounded on 12 June 1968.

11.  There is no evidence the applicant received the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal.  His records show he received conduct and efficiency ratings of “excellent” throughout his service.

12.  Records show the applicant participated in two campaigns during his assignment in Vietnam.

13.  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.

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 is eligible for award of the Navy Unit Commendation for actions during the period 1-16 May 1968 based on Department of the Army General Orders Number 32, dated 1972.

15.  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.

16.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The Awards Branch of the U.S. Army Human Resources Command has advised, in similar cases during the Vietnam era that the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

18.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must 
have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in General Orders.

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 Bronze Star Medal with “V” Device.

2.  Orders show the applicant received the Purple Heart for wounds received in action on 7 June 1968 in Vietnam.  The applicant's records also contain two general orders for awards of the Purple Heart for wounds sustained on 12 June 1968 in Vietnam.  However, there is no evidence that the applicant was wounded on two separate occasions on 12 June 1968.  Since the award authority for the Purple Heart in this case is the hospital commander, it appears the Americal Division General Orders for award of the Purple Heart for wounds received in action on 12 June 1968 are duplicate orders.  As a result, the applicant is entitled to only one award of the Purple Heart for wounds received on 12 June 1968.  There is no evidence of record which shows the applicant was wounded in action on any other dates than 7 June 1968 and 12 June 1968.  Since the applicant’s DD Form 214 properly shows the Purple Heart with First Oak Leaf Cluster (i.e., two awards of the Purple Heart), there is insufficient evidence on which to base award of a third award of the Purple Heart in this case.     

3.  Evidence of record shows the applicant held an infantry MOS and served in an infantry MOS while assigned to an infantry company in Vietnam.  He was also wounded in action on two separate occasions.  Therefore, there is sufficient evidence on which to base award of the Combat Infantryman Badge in this case.

4.  The applicant was separated in the rank of private first class with 
14 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Good Conduct Medal for the period 17 August 1967 through 24 October 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

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

6.  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.  

7.  The applicant’s unit was cited for award of the Navy Unit Commendation while he was assigned to it.

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 him the first award of the Good Conduct Medal for the period 
17 August 1967 through 24 October 1968; 

	b.  awarding him the Combat Infantryman Badge; and

	c.  adding the Good Conduct Medal, the Bronze Star Medal with “V” Device, the Combat Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Navy Unit Commendation, and two bronze service stars for wear on his already-awarded Vietnam Service Medal on 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 third 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)                                         AR20080015150





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ABCMR Record of Proceedings (cont)                                         AR20080015150



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