DOCKET NUMBER:  AR20090002229 


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, that his records be corrected to show award of the Purple Heart (PH) with one oak leaf cluster (w/1OLC).

2.  The applicant states that only one award of the PH is reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); however, he was wounded twice and he received two awards of the PH.

3.  The applicant provides copies of two PH award Certificates for wounds received in action in Vietnam on 3 January and 24 May 1969 and 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 into the Army of the United States in Fairmont, West Virginia on 24 April 1968.  He completed his basic training at Fort Knox, Kentucky and advanced individual training as a light weapons infantryman at Fort Polk, Louisiana before being transferred to Vietnam on 22 September 1968.

3.  He was assigned to the Air Cavalry Troop, 11th Armored Cavalry Regiment.  He was advanced to the pay grade of E-4 on 18 December 1968.

4.  On 4 January 1969, General Orders Number 4, issued by Headquarters, 93rd Evacuation Hospital awarded the applicant the PH for wounds received on
3 January 1969.

5.  On 10 June 1969, a DA Form 2166 (Enlisted Efficiency Report) was prepared by the applicant's platoon sergeant and platoon leader for the purpose of recommending the applicant for promotion to the rank of sergeant.  The platoon sergeant indicated that despite being seriously wounded twice, the applicant continued to lead his men and sometimes acted as the squad leader on combat missions.

6.  The applicant departed Vietnam on 16 September 1969 and was transferred to Fort Hood, Texas.  He was promoted to the rank of sergeant on 8 December 1969.

7.  On 23 April 1970, he was honorably released from active duty due to the expiration of term of service.  He had served 2 years of total active service and his DD Form 214 reflects that he was awarded the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, the Army Commendation Medal with "V" Device, the Combat Infantryman Badge, and the PH.

8.  A review of the available records, as well as the Vietnam Casualty Listing, fails to show orders for the applicant’s second award of the PH or to indicate that he was reported as a casualty twice.  However, his records do show that he had "excellent" conduct and efficiency ratings throughout his service and his records are void of any derogatory information that would serve to disqualify him for award of the Good Conduct Medal (GCMDL).

9.  The PH Certificate submitted by the applicant for which there are no orders in his records show he was wounded on 7 May 1969 and the PH was awarded on 24 May 1969 by the Regimental commander.


10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.

11.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  In pertinent part, this regulation states that for U.S. military decorations the only acceptable source documentation is the order, letter, or memorandum which awards the decoration.  Award certificates, citations, or separation certificates alone will not be the basis for entry of a decoration.  The DD Form 214 alone should not be the sole basis for recording a decoration.  This document may be used to initially enter a decoration; however, if the validity of the award on the DD Form 214 is questioned or challenged, the only acceptable proof of award of the decorations will be the order, letter, or memorandum which awarded the decoration.

12.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.

DISCUSSION AND CONCLUSIONS:

1.  While it is normally not acceptable to use an award certificate as proof that an award or a decoration was actually made, in this case, it is reasonable to presume that the applicant was in fact awarded the PH w/1OLC and that the orders never made it to his records for filing.

2.  The acceptance of the PH Certificate as being authentic is further supported by the Enlisted Efficiency Report contained in his records which indicates the applicant had been wounded twice.

3.  Accordingly, it would be in the interest of justice to correct his records to show that he was awarded the PH w/1OLC in lieu of the one award of the PH that is currently reflected on his records.

4.  After carefully examining the applicant’s record of service, it was determined that the applicant should have received the GCMDL for his service from 24 April 1968 through 23 April 1970.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the GCMDL and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

5.  The applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore,  in the interest of justice, this error should be corrected and the applicant should receive the GCMDL at this time.

6.  Additionally, the evidence of record also establishes that the applicant is entitled to wear the RVNGC w/Palm Unit Citation.

BOARD VOTE:

____x___  ___x____  __x_____  GRANT FULL RELIEF 

________  ________  ________  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 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 GCMDL for the period of 24 April 1968 to 23 April 1970; and

     b.  amending his DD Form 214 to add the PH w/1OLC, vice the award of the PH that is currently reflected on his DD Form 214, and the RVNGC w/Palm Unit Citation.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20090002229



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ABCMR Record of Proceedings (cont)                                         AR20090002229



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