IN THE CASE OF:	  

		BOARD DATE:	        23 JULY 2009

		DOCKET NUMBER:  AR20090003481 


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 records to show award of the Purple Heart and correction of his social security number on the Army Commendation Medal with "V" Device award order to show xxx-20-xxxx instead of xxx-29-xxxx.

2.  The applicant states the Purple Heart was never issued.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), Army Commendation Medal and Army Commendation Medal with "V" Device general orders, and Air Medal citation in support of this 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's military records show he enlisted in the Regular Army (RA) on 19 February 1969.  He was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).  He was advanced to the rank/grade of specialist four (SP4)/E-4, which is the highest rank/grade he held during his tenure of active duty service.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he performed duties as an indirect fire crewman while assigned to 2nd Battalion,
8th Cavalry Regiment, 1st Cavalry Division (Airmobile) in the Republic of Vietnam during the period 24 July 1969 to 21 July 1970.

4.  The applicant's Official Military Personnel File (OMPF) contains Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 13133, dated 25 October 1969, awarding him the Army Commendation Medal with "V" Device for action on 12 August 1969.  The reason for the award in pertinent part contains the entry "he suffered a painful fragmentation wound from an enemy rocket which impacted near his position."  Additionally, the social security number entered on this award order is xxx-29-xxxx.  Evidence of record shows his social security number as xxx-20-xxxx.

5.  The applicant was honorably released from active duty on 19 February 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years and 1 day of creditable active service, although his DD Form 214 incorrectly shows he completed 3 years and 1 day of creditable active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Combat Infantryman Badge, Army Commendation Medal, National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, Republic of Vietnam Campaign Medal, two overseas bars, and Air Medal.

7.  The applicant's records show he is entitled to additional awards and decorations which are not shown on his DD Form 214.

8.  The applicant's OMPF contains Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9704, dated 7 June 1970 awarding him the Bronze Star Medal with "V" Device for action on 1 April 1970.  The applicant's DA Form 20 shows this award with the corresponding order number.  It is noted that the social security number entered on this award order is xxx-05-3130.



9.  There is no evidence the applicant received the Army Good Conduct Medal.  His DA Form 20 shows all "excellent" conduct and efficiency ratings throughout his units of assignment, there are no adverse actions recorded in the available records, and there is no evidence of disqualification for the Army Good Conduct Medal by his chain of command.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows unit awards received by units serving in the Republic of Vietnam (RVN).  The unit to which the applicant was assigned while serving in the RVN was cited for award of the Valorous Unit Award based on Department of the Army General Orders (DAGO) 43, dated 1972; RVN Gallantry Cross (RVNGC) with Palm Unit Citation based on DAGO 54, dated 1975; and RVN Civil Actions Honor Medal First Class Unit Citation based on DAGO 42, dated 1972.

11.  Appendix B, Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour in Vietnam he participated in the Vietnam Summer-Fall 1969 (9 June - 31 October 1969), Vietnam Winter-Spring 1970 (1 November 1969 - 30 April 1970), and DA Sanctuary Counteroffensive (1 May - 30 June 1970) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

12.  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.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.

14.  Army Regulation 600-8-22 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 Army Commendation Medal.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his social security number is incorrect on General Orders Number 13133, dated 25 October 1969, awarding him the Army Commendation Medal with "V" Device.  His full name, the unit issuing the order, and his social security number (with the exception of one digit) are the same as that on his other awards of the Army Commendation Medal.  The date of service on the order is also in accordance with his service with the orders issuing headquarters.  As such, the preponderance of evidence is sufficient for accepting the general orders awarding the applicant the Army Commendation Medal with "V" Device.  Therefore, it would be appropriate to correct his social security number on this order to show xxx-20-xxxx and to add this award to his DD Form 214.

2.  Headquarters, 1st Cavalry Division (Air Mobile), General Orders Number 9704, dated 7 June 1970, awarded the applicant the Bronze Star Medal with "V" Device.   While the applicant did not request correction of his social security number on this order, as with the Army Commendation Medal with "V" Device described above, the preponderance of evidence is sufficient for accepting the general orders awarding the applicant the Bronze Star Medal with "V" Device.  Therefore, it would be appropriate to correct his social security number on this order to show xxx-20-xxxx and to add this award to his DD Form 214.

3.  Since the citation on the applicant's Army Commendation Medal with "V" Device cited in General Orders Number 13133 shows the applicant "suffered a painful fragmentation wound from an enemy rocket which impacted near his position" it can be presumed he was treated by medical personnel and the medical treatment would have been made a matter of record.  As such, it would be appropriate to award the applicant the Purple Heart and have it added to his DD Form 214.

4.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  Additionally, there is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (first award) and correct of his records to show this award.

5.  General orders awarded the applicant's unit the Valorous Unit Award, RVNGC with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.
6.  The available records show the applicant was awarded the Vietnam Service Medal and that he participated in three campaigns while serving in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show the Vietnam Service Medal with three bronze service stars.

7.  Records show the applicant was awarded three Army Commendation Medals.  Therefore, he is entitled to correction of his DD Form 214 to show the Army Commendation Medal with "V" Device and 2nd Oak Leaf Cluster.

8.  In view of the foregoing, the applicant's records should be corrected as shown below.

BOARD VOTE:

____X____  ____X____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.  amending Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 13133, dated 25 October 1969 and Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 9704, dated 7 June 1970 to show his social security number as xxx-20-xxxx;

	b.  awarding the applicant the Army Good Conduct Medal (first award) for the period 19 February 1969 through 19 February 1971;

   c.  awarding the applicant the Purple Heart for wounds received as a result of hostile action on 12 August 1969;
   
   d.  deleting from item 24 of the applicant's DD Form 214 the current listing of awards and replacing it with the "Bronze Star Medal with "V" Device, Purple Heart, Air Medal, Army Commendation Medal with "V" Device and 2nd Oak Leaf Cluster, Army Good Conduct Medal, National Defense Service Medal, Vietnam Service Medal with three bronze service stars, RVN Campaign Medal with Device (1960), Valorous Unit Award, RVNGC with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, Combat Infantryman Badge, and two overseas service bars."



      ________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)                                         AR20090003481



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ABCMR Record of Proceedings (cont)                                         AR20090003481



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