IN THE CASE OF:	  

		BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090009660 


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 his records be corrected to show his award of two Purple Hearts.

2.  The applicant states he was wounded in action in Vietnam on 22 January 1968 and on 13 February 1968 and received the Purple Heart for both wounds.  Neither of the Purple Hearts is recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and his copies of the general orders awarding them are water damaged.

3.  The applicant provides copies of Headquarters, 9th Infantry Division, General Orders Numbers 1373 and 1401.

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 on 27 April 1967, completed training, and was awarded the military occupational specialty 11B (Light Weapons Infantryman).

3.  Headquarters, Fort Polk, Special Orders Number 196, dated 31 July 1967, awarded the applicant the Expert Marksmanship Qualification Badge with Machinegun Bar.

4.  Headquarters, 9th Infantry Division General Orders Number 1373, dated 13 March 1968, awarded the applicant the Purple Heart.  The available copy is severely damaged and the date of wound is not completely legible.  The legible portion of the date is "2…uary 1968."

5.  Headquarters, 9th Infantry Division, General Orders Number 1401, dated 16 March 1968, awarded the applicant the Purple Heart with First Oak Leaf Cluster for wounds received on 13 February 1968.

6.  Attempts to obtain copies of these orders from the unit records met with negative results as the 9th Infantry Division general orders covering this period of time are missing from the records.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) provides documentation of the following:

	a.  advancement to specialist four on 11 February 1968;

	b.  award of the military occupational specialties 11B on 1 September 1967 and 67A (Door Gunner) on 25 May 1968;

	c.  service in Vietnam from 27 September 1967 through 26 September 1968;

	d.  service during one campaign period;

	e.  he sustained an injury to his back on 13 February 1968;

	f.  award of the National Defense Service Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Combat Infantryman Badge, the Vietnam Service Medal, the Air Medal, the Republic of Vietnam Campaign Medal with Device (1960), and an Army Commendation Medal;

	g.  his conduct and efficiency ratings are recorded as exclusively "excellent"; and 

	h.  his unit assignments in Vietnam were:

		(1)  Company B, 5th Battalion, 60th Infantry Regiment, 9th Infantry Division, from 5 October 1967 through 21 March 1968;

		(2)  Headquarters and Headquarters Company, 9th Infantry Division, from 22 March 1968 through 7 April 1968; and

		(3)  Company A, 9th Aviation Battalion, 9th Infantry Division, from 8 April 1968 through 26 September 1968.

8.  His DD Form 214 shows that he was honorably separated from active duty on 25 April 1969 with 1 year, 11 months, and 29 days of creditable service with no lost time.  His awards are listed as National Defense Service Medal, the Army Commendation Medal, the Air Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Marksman Marksmanship Qualification Badge with Rifle Bar.

9.  A review of the electronic Vietnam casualty list finds two listings for this applicant, on 22 January 1968 as a private first class and on 13 February 1968 as a specialist four.

10.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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 any award for the applicant.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.

	a.  This pamphlet shows that while the applicant was assigned to:

		(1)  the 5th Battalion, 60th Infantry Regiment, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; Company B was awarded a Valorous Unit Award independent of the remainder of the battalion;

		(2)  Headquarters and Headquarters Company, 9th Infantry Division, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation; and

		(3)  Company A, 9th Aviation Battalion, 9th Infantry Division, it was cited for award of the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

	b.  While an individual will not be issued or authorized to wear more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation or the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation multiple awards are to be recorded in the Soldier's record.

12.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during 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 active Federal military service.  A record of punishment is not automatically disqualifying.  However, at that time, a single efficiency rating of less than "excellent" was disqualifying.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of nonfavorable consideration and permits the individual to respond.  At that time, a disqualification was normally noted on the DA Form 20.

	b.  A bronze service star is authorized based on qualifying service for each designated campaign listed in appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal.  Based on the applicant's dates of service in Vietnam, appendix B indicates he participated during the following four campaign periods:  the Counteroffensive Phase III, 1 June 1967-29 January 1968; the Tet Counteroffensive, 30 January 1968-1 April 1968; the Counteroffensive Phase IV, 2 April 1968-30 June 1968; and the Counteroffensive Phase V, 1 July 1968-1 November 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was wounded twice in Vietnam and received the Purple Heart for both of these wounds.  Neither of the Purple Hearts is recorded on his DD Form 214 and his copies of the general orders awarding them are water damaged.

2.  The damaged general orders, in concert with the findings on the Vietnam casualty list, clearly show that the applicant was twice awarded the Purple Heart for wounds or injuries that occurred on 22 January 1968 and 13 February 1968.  It is appropriate to correct the records to show these two awards.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his combat service, his conduct and efficiency ratings, his personal decorations, and his promotion to specialist four.  The record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 27 April 1967 through 25 April 1969.

4.  The applicant served in Vietnam during four campaign periods and is authorized to wear four bronze service stars on his Vietnam Service Medal.  It is appropriate to correct the record to show these accoutrements.

5.  The applicant is authorized to ear the Valorous Unit Award and the Meritorious Unit Commendation.  It is appropriate to correct the record to show these awards.

6.  The applicant served with three units in Vietnam that were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  It is appropriate to correct the record to show these awards.

7.  The applicant's award of the Expert Marksmanship Qualification Badge with Machinegun Bar was omitted from his DD Form 214.  It is appropriate to correct the record 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.  awarding the applicant the Army Good Conduct Medal for his period of service from 27 April 1967 through 25 April 1969; and

	b.  correcting his DD Form 214 to show add the Purple Heart with First Oak Leaf Cluster, the Army Good Conduct Medal, the Valorous Unit Award, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3d Award), the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (3d Award), the Expert Marksmanship Qualification Badge with Machinegun Bar, and to four bronze service stars to be worn on his Vietnam Service Medal.




      _____________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)                                         AR20090009660



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ABCMR Record of Proceedings (cont)                                         AR20090009660



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