BOARD DATE:	  17 November 2009

		DOCKET NUMBER:  AR20090009589 


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 separation document to show award of the Purple Heart with one oak leaf cluster and that he is a high school graduate.

2.  The applicant states, in effect, he sustained wounds on two occasions to his right hand and also to his face and body.  He also states he was a high school graduate when he enlisted in the Army.  He adds that he never reported these errors and his separation document should now be corrected.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), medical records, and a high school diploma.

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 and entered active duty for a period of 2 years on 28 June 1967.  Upon completion of training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  A DD Form 398 (Statement of Personal History), dated 28 June 1967, shows in item 9 (Education) that the applicant graduated from David Douglas High School, Portland, Oregon, in 1966.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 31 (Foreign Service), in pertinent part, he served in the Republic of Vietnam (RVN) from 30 March 1968 through 29 March 1969;

	b.  item 32 (Civilian Education) he received his high school diploma from David Douglas High School (Portland, Oregon) in 1966;

	c.  item 38 (Record of Assignments) he was assigned in the RVN, as follows:

		(1)  23rd Adjutant General Administration Company Replacement Detachment from 3 April 1968 to 12 April 1968;

		(2)  Company C, 1st Battalion, 6th Infantry, 198th Infantry Brigade, from 13 April 1968 to 12 July 1968;

		(3)  H Troop, 17th Cavalry, 198th Infantry Brigade, from 13 July 1968 to 30 September 1968;

		(4)  Medical Hold Detachment, U.S. Army Hospital, Ryukyu Islands, Okinawa, from 1 October 1968 to 25 October 1968 as a patient;

		(5)  U.S. Army Vietnam Transient Detachment from 26 to 29 October 1968; and

		(6)  H Troop, 17th Cavalry, 198th Infantry Brigade, from 30 October 1968 to 27 March 1969;

	d.  item 39 (Campaigns) is blank;

	e.  item 40 (Wounds) that he sustained a fragment wound to his back and side on 28 September 1968; and

	f.  item 41 (Awards and Decorations) he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), two overseas service bars, Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

5.  The applicant's DD Form 214 shows he was honorably released from active duty on 29 March 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training).  At the time he had completed 1 year, 9 months, and 2 days of net active service and 1 year and 2 months of foreign service.  It also shows in:

	a.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Automatic Rifle Bar (M-16), and two overseas services bars;

	b.  item 25 (Education and Training Completed) the entry "None"; and
   
	c.  item 30 (Remarks) the entry "Civilian Education:  10 Years."

6.  There are no orders in the applicant's military personnel records showing he was awarded the Purple Heart.

7.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System (ADCARS) for the Vietnam Conflict failed to produce a copy of any orders showing award of the Purple Heart to the applicant.

8.  A review of the Adjutant General Casualty Division's Vietnam casualty roster shows that the applicant's name is listed as having been wounded in action on 10 September 1968.

9.  The applicant provides, in support of his application, the following documents.

	a.  A DA Form 8-275-3 (Clinical Record Cover Sheet), dated 16 September 1968, shows the applicant was treated at the 2nd Surgical Hospital (Mobile Army), RVN, for multiple fragment wounds to his face that included a fractured mandible as a result of a mortar attack on 10 September 1968.  Item 25 (Selected Administrative Data) of this document shows the entry "First Oak Leaf Cluster awarded this hospital, [General Orders Number]:  213, dated 11 September 1968."  This document also shows the applicant was transferred to the U.S. Army Hospital in Okinawa.

	b.  A Clinical Record Cover Sheet, dated 24 October 1968, shows the applicant was treated at the U.S. Army Hospital, Ryukyu Islands, Okinawa, for a fractured mandible that he sustained at 1730 hours, 20 September 1968 [sic], when the armored personnel carrier he was driving struck a mine field and he was thrown into a steel hatch striking his face.  Item 25 shows that the applicant was initially admitted to the 2nd Surgical Hospital (Mobile Army), RVN, on 10 September 1968 and transferred to the U.S. Army Hospital, Ryukyu Islands, Okinawa, on 16 September 1968.  This item also shows the entry, "First Oak Leaf Cluster awarded the 2D Surg[ical] Hosp[ital] per GO #213, dtd 11 Sep 68." Item 29 (Date of Disposition) shows the applicant was discharged from the hospital on 24 October 1968.

	c.  A Veterans Administration (VA) Form 119 (Report of Contact), Standard Form 519-A (Radiographic Report), and VA Form 21-6796 (Rating Decision), all dated 7 November 1969, show the VA examined the applicant and granted him service connection for a shell fragment wound (SFW) of the right hand, fractured jaw, and skin condition.  These documents also show, "[t]here is service record of treatment of SFW of the right hand" and "[t]his was described as a superficial laceration from shrapnel, the scar is barely noticeable and asymptomatic.  The fractured mandible is not compensable."  It also shows "[r]esidual dermatitis, shell fragment wound right hand was not found on last exam."

	d.  The applicant's high school diploma shows he satisfactorily completed a course of study prescribed for graduation from David Douglas High School, Portland, Oregon, and that he was awarded his diploma on 3 June 1966.

10.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

11.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's records show he received conduct and efficiency ratings of "excellent" throughout the entire period of his military service and there is no evidence the applicant's commander denied award of the Army Good Conduct Medal.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows that the applicant served in the RVN during the Vietnam Counteroffensive Phase IV and Vietnam Counteroffensive Phase V campaigns.  This regulation also provides, in pertinent part, for 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, including the Vietnam Service Medal.

13.  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 pamphlet shows that at the time of the applicant's assignment to the 198th Infantry Brigade, the brigade was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters, Department of the Army, General Orders Number 8 (1974).

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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, and the medical treatment must have been made a matter of official record.  This Army regulation also provides that an oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Purple Heart.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying period of active duty enlisted service.  This period was 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.

16.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  This Army regulation stated that the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon was complete and accurate as of that date.

17.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) of Army Regulation 635-5 , in effect at the time, contained guidance on the preparation of the DD Form 214.  It stated, in pertinent part, that all available records would be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

	a.  Paragraph 53 (Item 24 - Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) stated, in pertinent part, to list all decorations, service medals, campaign medals, and badges awarded or authorized, omitting authorities cited therein.

	b.  Paragraph 62 (Item 30 - Remarks), in pertinent part, instructed to enter the highest civilian education level attained as the first entry in this block when not adequately covered in item 25 and that this information would be taken from the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded the Purple Heart with one oak leaf cluster and that he graduated from high school.

2.  The Vietnam casualty roster shows that the applicant was wounded in action in the RVN on 10 September 1968.  Records also show the applicant received medical treatment for the wound in the RVN, he was transferred to Okinawa on 16 September 1968 for further medical treatment, and he returned to the RVN on 26 October 1968.

	a.  The Clinical Record Cover Sheet, dated 24 October 1968, shows the applicant was injured on 20 September 1968.  However, it is clear that this is a typographical error as this same document shows the applicant was admitted to the U.S. Army Hospital in Okinawa on 16 September 1968 where he remained as a patient until he was discharged on 24 October 1968.  Thus, it appears this date should actually read "10 September 1968."

	b.  Item 40 of the applicant's DA Form 20 shows he sustained a fragment wound on 28 September 1968.  Again, it is noted that the applicant was a patient in the U.S. Army Hospital in Okinawa on that date.  Thus, this also appears to be an erroneous entry.

	c.  Records fail to show the applicant was wounded in action in the RVN prior to 10 September 1968.

	d.  Entries on two Clinical Record Cover Sheets indicate that Headquarters, 2nd Surgical Hospital (Mobile Army), RVN, General Orders Number 213, dated 11 September 1968, awarded the applicant the Purple Heart (First Oak Leaf Cluster).  However, the orders are not filed in the applicant's military records and research conducted using the ADCARS failed to produce a copy of these orders.

	e.  Records fail to show that the applicant was wounded in action after he returned to the RVN on 26 October 1968 or at any time subsequent to that and prior to his departure from the RVN on 28 March 1969.

	f.  The VA medical records the applicant provides show service connection was granted for an SFW of the applicant's right hand that was found upon examination by the VA after the applicant had separated from the service.  While the VA indicates that there is a record of treatment, the evidence provided offers no other details on this injury (e.g., date, time, place, medical treatment, etc.) and this information was not substantiated in available records.

	g.  In view of all of the foregoing, it is concluded that the applicant was wounded in action in the RVN on 10 September 1968.  Therefore, the applicant is entitled to correction of his records to show one award of the Purple Heart. However, the available evidence of record is insufficient to support the applicant's claim to a second award of the Purple Heart.

3.  The applicant served a qualifying period of active duty enlisted service for award of the Army Good Conduct Medal.  Therefore, it would be appropriate to approve this award and show it on his DD Form 214.

4.  The applicant qualified for award of the Vietnam Service Medal and he served in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show award of Vietnam Service Medal with two bronze service stars.

5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

6.  Records show the applicant completed a course of study prescribed for graduation from David Douglas High School, Portland, Oregon, and that he was awarded his diploma on 3 June 1966.  Records also show this information was recorded in item 32 of his DA Form 20.  Therefore, it would be appropriate to correct his DD Form 214 to show he graduated and was awarded a high school diploma.


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.  awarding the applicant the Army Good Conduct Medal for exemplary conduct, efficiency, and fidelity for the period 28 June 1967 to 29 March 1969;

	b.  deleting from item 24 of his DD Form 214 the entry "VSM" and adding to item 24 the Purple Heart, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, and Republic of Vietnam Gallantry Cross with Palm Unit Citation; and

	c.  deleting from item 30 of his DD Form 214 the entry "Civilian Education:  10 Years" and adding the entry "Civilian Education:  12 Years - High School Diploma."

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 a second award of the Purple Heart (i.e., Purple Heart with First Oak Leaf Cluster).



      ___________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)                                         AR20090009589



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