BOARD DATE:	  10 November 2009

		DOCKET NUMBER:  AR20090009343 


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 the award of the Purple Heart and all medals to which he is entitled.

2.  The applicant states his original DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) does not show the award of the Purple Heart.

3.  The applicant provides, in support of his application, copies of his Standard Form 180 (Request Pertaining to Military Records), dated 20 May 2009; his DD Form 214 for the period ending 26 February 1971; an official statement from the Department of the Army, Office of The Adjutant General, Washington DC furnished on 14 June 1972; a DA Form 1577 (Authorization for Issuance of Awards), dated 14 June 1972; and his orders for award of the Bronze Star Medal with "V" Device (First Oak Leaf Cluster).

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 records show he enlisted in the Regular Army (RA) on 29 February 1968 for a period of 3 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11E (Armor Crewman).

3.  The applicant was assigned to B Troop, 3rd Squadron, 4th Cavalry, 
25th Infantry Division from 12 December 1968 to 13 January 1969 in the Republic of Vietnam.

4.  On 14 January 1969, the applicant was assigned to 2nd Battalion,
77th Artillery, 25th Infantry Division in the Republic of Vietnam.

5.  Headquarters, 25th Infantry Division, General Orders Number 4254, dated 
29 March 1969, awarded the applicant the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) for heroic actions on 23 February 1969.  The citation in part reads, "Totally exposed to the holocaust of exploding projectiles, Specialist R--- was wounded twice, but continued with his mission."

6.  The applicant returned to the United States on 4 December 1969.

7.  Headquarters, 1st Training Brigade, U.S. Army Armor Center, Fort Knox, KY, Special Orders Number 216, dated 20 November 1970, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.

8.  Item 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) indicates he received shrapnel wounds to his right arm and leg on
23 February 1969.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show the award of the Purple Heart.

10.  On 26 February 1971, the applicant was honorably released from active duty by reason of the expiration of his term of service.  He had completed 2 years,
11 months, and 28 days of active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does not show he was awarded the Purple Heart.  Item 24 does show he is authorized the Vietnam Service Medal.

11.  There are no orders in the applicant's military service records awarding him the Purple Heart.

12.  The applicant's name does not appear on the Vietnam Casualty Listing.

13.  The applicant submitted an official statement furnished 14 June 1972 from Headquarters, Department of the Army, Office of The Adjutant General.  This statement indicated that the official records showed that the applicant was entitled to the Purple Heart for wounds received in action on 23 February 1969.  However, this statement is not signed.

14.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the following campaigns:  Vietnam Counteroffensive, Phase VI (2 November 1968 – 
22 February 1969); Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969); Vietnam Summer - Fall 1969 (9 June 1969 - 31 October 1969); and Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970).

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment to the 3rd Squadron, 4th Cavalry, 25th Infantry Division, his unit received the Valorous Unit Award for the period from 1 January - 22 February 1969, based on Department of the Army General Order (DAGO) Number 39, dated 1970 and the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 January - 31 March 1969, based on DAGO Number 43, dated 1970.

16.  Department of the Army Pamphlet 672-3 also shows that during the period the applicant was assigned to the 2nd Battalion, 77th Artillery, 25th Infantry Division, his unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 1 September 1969 - 30 September 1970, based on DAGO Number 5, dated 1973 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period from 1 August 1967 - 
21 January 1970, based on DAGO Number 51, dated 1971. 

17.  Department of the Army Pamphlet 672-3 states, in pertinent part, that not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.
18.  Army Regulation 600-200 (Enlisted Personnel Management System), chapter 9 of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment that were received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

19.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services has been wounded, killed, or who has died as a result of 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.

20.  Army Regulation 600-8-22 provides that not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  

21.  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.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's citation for the Bronze Star Medal with "V" Device (First Oak Leaf Cluster) states he was wounded twice during his heroic actions on 
23 February 1969.

2.  The entry in item 40 of the applicant's DA Form 20 indicates that he received treatment for fragment wounds to his right arm and leg on 23 February 1969.  The DA Form 20 is a record of the applicant's history in the Army and an entry for wounds received would not be made on this document without documentary evidence to support the entry.  Further, the DA Form 20 is a source document for completion of the DD Form 214.  Therefore, there is sufficient official documentation in this case to show the applicant was wounded as a result of hostile action on 23 February 1969.
3.  However, although the Bronze Star Medal with "V" Device citation states he was wounded twice, there is insufficient evidence to show his wounds were not received at the same instant or from the same missile, force, explosion, or agent.  Therefore, it is appropriate to award the applicant one Purple Heart for wounds he received as a result of hostile action on 23 February 1969 and include it on his DD Form 214.

4.  The applicant's military personnel records show he participated in four campaigns during his service in Vietnam.  Therefore, he is entitled to four bronze service stars to be worn on his Vietnam Service Medal.

5.  Based on the applicant's service with 3rd Squadron, 4th Cavalry he is entitled to the Valorous Unit award and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  Based on the applicant's service with 2nd Battalion, 77th Artillery he is entitled to the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  The applicant was awarded the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.  Therefore, his records should be corrected to show this badge.

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.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding the applicant the Purple Heart for wounds received on 
23 February 1969; and
	c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Valorous Unit Award, and the Sharpshooter Marksmanship Qualification Badge with Pistol Bar.



      ___________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)                                         AR20090009343



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ABCMR Record of Proceedings (cont)                                         AR20090009343



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