IN THE CASE OF:	  

		BOARD DATE:	        30 April 2009

		DOCKET NUMBER:  AR20080019609 


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 award of the Presidential Unit Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, two bronze service stars to be affixed to his Vietnam Service Medal, the Army Commendation Medal, and a second award of the Purple Heart.

2.  The applicant states, in effect, that his DD Form 214 does not show all of the citations and medals his unit earned in Vietnam.  He contends that he was assigned to the 1st Platoon, Company C, 3rd Battalion, 12th Infantry of the 
4th Infantry Division and that his unit was part of "Operation Francis Marion," also known as "Nine Days in May" (18-26 May 1967).  He also states that he has two awards of the Purple Heart as a matter of record and that he received a head wound from the blunt end of an ax when a fellow Soldier was driving down an engineer stake that the applicant was holding. 

3.  The applicant provides no additional documentary evidence in support of his 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 was inducted into the Army of the United States on 8 December 1965.  He arrived in Vietnam on 13 September 1966.  He served as a light weapons infantryman assigned to Company C, 3rd Battalion, 12th Infantry of the 4th Infantry Division in Vietnam from 13 September 1966 through 11 September 1967.  On 13 September 1967, he 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), the Purple Heart, the Good Conduct Medal, the Combat Infantryman Badge, two awards of the Overseas Service Bar, the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.  

4.  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 was awarded the Presidential Unit Citation for actions during the period 18-26 May 1967 based on Department of the Army General Orders Number 69, dated 1969.

5.  Department of the Army Pamphlet 672-3 shows the applicant's unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 1 August 1967) based on Department of the Army General Orders Number 3, dated 1970.  This unit is eligible for a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (1 August 1967 to August 1968) based on Department of the Army General Orders Number 48, dated 1971.  

6.  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. 

7.  Department of the Army Pamphlet 672-3 also shows the applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.  

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

9.  There are no orders for the Army Commendation Medal in the available records. 

10.  Headquarters, 1st Brigade, 4th Infantry Division General Orders Number 
12, dated 29 November 1966, show the applicant received the first award of the Purple Heart.  These orders show date of action: 30 October 1966 to 
23 November 1966 in Vietnam.

11.  Item 40 (Wounds) on the applicant’s DA Form 20 (Enlisted Qualification Record) shows he was wounded on 19 November 1966.  The Vietnam Casualty Roster shows the applicant was wounded on 19 November 1966. 

12.  There are no orders for a second award of the Purple Heart.  

13.  Army Regulation 600-8-22 (Military Awards), 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.   

14.  Army Regulation 600-8-22 provides that the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

15.  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 medical personnel, 
and the medical treatment must have been made a matter of official record.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.




DISCUSSION AND CONCLUSIONS:

1.  The applicant's unit was cited for the Presidential Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.     

2.  The applicant's unit was also cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore, 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.

3.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with two bronze service stars.

4.  There are no orders for the Army Commendation Medal in the available records.   Therefore, there is insufficient evidence on which to base award of the Army Commendation Medal in this case.

5.  Evidence of record shows the applicant was wounded in action on 
19 November 1966 in Vietnam.  There is no evidence of record and the applicant has not provided any corroborating evidence which shows that he was wounded a second time as a result of hostile action in Vietnam.  The applicant contends that he received a head wound from the blunt end of an ax when a fellow Soldier was driving down an engineer stake that the applicant was holding.  Therefore, there is insufficient evidence on which to base a second award of the Purple Heart in this case.

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 adding the Presidential Unit Citation, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, 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 award of the Army Commendation Medal or a second award 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)                                         AR20080019609





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ABCMR Record of Proceedings (cont)                                         AR20080019609



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