IN THE CASE OF:	  

		BOARD DATE:	  12 November 2009

		DOCKET NUMBER:  AR20090009518 


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 request correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded three Purple Hearts.

2.  The applicant states he was awarded three Purple Hearts, but only one Purple Heart is shown on his DD Form 214.

3.  The applicant provides a copy of DD Form 214 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's military personnel records show he was inducted into the Army of the United States on 26 October 1965.  On 29 April 1967, he was subsequently awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) as his primary MOS.

3.  The applicant was assigned to Company C, 2nd Battalion, 27th Infantry in the Republic of Vietnam during the period 28 October 1967 to 24 September 1968.

4.  Headquarters, 25th Infantry Division, General Orders Number 3596, dated 
14 May 1968, awarded the applicant the Purple Heart for wounds received as a result of hostile action on 11 May 1968.

5.  Headquarters, 25th Infantry Division, General Orders Number 5437, dated 
29 July 1968, as modified by Headquarters, 25th Infantry Division, General Orders Number 5610, dated 3 August 1968, awarded the applicant the Purple Heart with first oak leaf cluster for wounds received as a result of hostile action on 26 July 1968.

6.  On 28 September 1968, the applicant was honorably released from active duty and transferred to the U.S. army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He had completed a total of 2 years, 11 months, and 4 days of total active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows, among other awards, that he was awarded the Purple Heart and the Vietnam Service Medal.

7.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he received a fragment wound to his chin on 11 May 1968 and a fragment wound to his left leg on 26 July 1968.

8.  In a letter, dated 5 March 1970, from the applicant that is filed in his Official Military Personnel File (OMPF), he states he was wounded on October 15, 1967 in Vietnam.

9.  The applicant's service medical records are not available for review.

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information and he received "excellent" conduct and efficiency ratings throughout his service.
11.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for a third award of the Purple Heart.

12.  The applicant is listed on the Vietnam Casualty Roster as not seriously wounded by hostile action, hospitalized, on 1 May 1968 and on 26 July 1968.  

13.  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 Vietnam during the following campaign phases:  Counteroffensive, Phase III (1 June 1967 - 
29 January 1968); Tet Counteroffensive (30 January 1968 - 1 April 1968); 
Vietnam Counteroffensive, Phase IV (2 April 1968 - 30 June 1968); and Vietnam Counteroffensive, Phase V (1 July 1968 - 1 November 1968).

14.  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.  This document shows that, during the time of the applicant’s assignment to the 
2nd Battalion, 27th Infantry the unit received the following unit awards:

	a.  the Valorous Unit Award for the period 15 and 16 June 1968, based on Department of the Army General Order (DAGO) Number 36, dated 1970; 

   b.  two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the periods from January 1966 - August 1968, based on DAGO Number 48, dated 1971 and from 1 September 1968 - 30 September 1970 based on DAGO Number 5, dated 1973; and 

	c.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1966 - 21 January 1970, based on DAGO Number 51, dated 1971.

15.  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.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who had 
completed a qualified period of active duty enlisted service.  This period was each 3 years except in those cases when the period for the first award ended 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  

17.  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 Purple Heart.

18.  Army Regulation 600-8-22 provides, in pertinent part, that bronze service stars are worn on campaign and service medals to denote participation in a named campaign, which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to three Purple Hearts.

2.  The applicant's DA Form 20 and the orders in his MPRJ show he was wounded on 11 May 1968 and 26 July 1968.  The Vietnam Casualty Roster shows he was wounded on 1 May 1968 and 26 July 1968.  Based on the preponderance of evidence it is determined that a typographical error occurred when making the entry on the Vietnam Casualty Roster showing the date of casualty as 1 May 1968.  Therefore, it is determined that the 1 May 1968 entry refers to his being wounded on 11 May 1968.

3.  In a letter contained in the applicant's MPRJ, he stated he was wounded on 15 October 1967.  However, there is no evidence in the MPRJ to support this statement and he is not listed on the Vietnam Casualty Roster has having been wounded on 15 October 1967.  In addition, item 40 of his DA Form 20 does not contain an entry for 15 October 1967.  

4.  Orders in the applicant's MPRJ show he was awarded the Purple Heart with first oak leaf cluster.  Therefore, this award should be included in item 24 of his DD Form 214.  However, there is insufficient evidence to award the applicant a third Purple Heart.

5.  The applicant's records do not show indiscipline or lost time and he received "excellent" conduct and efficiency ratings throughout his military service.  Therefore, the preponderance of evidence shows the applicant is entitled to the first award of the Army Good Conduct Medal based on completion of qualifying service from 26 October 1965 to 28 September 1968 ending with termination of a period of Federal military service.

6.  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.  

7.  Based on the applicant's service with 2nd Battalion, 27th Infantry he is authorized the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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.  deleting from item 24 of his DD Form 214 the entries "Purple Heart" and Vietnam Service Medal";

	b.  awarding the applicant the Army Good Conduct Medal for the period of service from 26 October 1965 to 28 September 1968; and 

   c.  adding to item 24 of his DD Form 214 the Purple Heart with first oak leaf cluster, Army Good Conduct Medal, Valorous Unit Award, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



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 the award of a third 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)                                         AR20090009518



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ABCMR Record of Proceedings (cont)                                         AR20090009518



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