IN THE CASE OF:	

		BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090010609 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 June 1969 to show award of two Purple Hearts [correctly referred to as the Purple Heart with First Oak Leaf Cluster] and the Bronze Star Medal with "V" Device.

2.  The applicant states that he received the citations for the aforementioned awards, but they are not annotated on his DD Form 214.

3.  The applicant provides copies of three award certificates as documentary evidence in support of this application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's DD Form 214 to show award of the Purple Heart and the Bronze Star Medal with "V" Device.

2.  Counsel states no contentions on behalf of the applicant.

3.  Counsel provides no additional documentary evidence in support of the applicant's request.




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 DD Form 214 shows that following 3 years, 1 month, and 3 days of service, he reenlisted in the Regular Army on 11 June 1963.  He served continuously on active duty for a period of 6 years and he was honorably discharged on 10 June 1969.  He held the rank of staff sergeant (SSG)/pay grade E-6 and military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served a tour of duty in the Republic of Vietnam during the period of 1 December 1966 through 30 November 1967.  Item 38 (Record of Assignments) of this form also shows that he was assigned to Company B, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, for the duration of his tour of duty in the Republic of Vietnam.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 and Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 show he was awarded or authorized to wear the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with 1960 Device, the Good Conduct Medal, the Bronze Star Medal (1st Award) [based upon General Orders Number 1269 issued by the 9th Infantry Division], and the Bronze Star Medal (2nd Award) [based upon General Orders Number 7024 issued by the 9th Infantry Division].  Neither of these forms shows award of either the Purple Heart with First Oak Leaf Cluster or the Bronze Star Medal with "V" Device.

5.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

6.  A review of the Republic of Vietnam Casualty Roster shows the applicant sustained a wound as the result of hostile action on 2 May 1967.  This roster does not indicate the applicant was wounded on any additional dates.

7.  A 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 U.S. Army Human Resources Command, revealed the applicant received the following awards:

	a.  Headquarters, 3rd Field Hospital, General Orders Number 63, dated 2 May 1967, show the applicant was awarded the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 2 May 1967.  The applicant provides copies of two award certificates commemorating his award of the Purple Heart for wounds received in action on 2 May 1967.  One certificate was issued by the orders issuing authority on 4 May 1967.  The other certificate was issued by a different signatory on 18 May 1967;

	b.  Headquarters, 9th Infantry Division, General Orders Number 1269, dated 19 May 1967, show the applicant was awarded the Bronze Star Medal with "V" Device for heroism in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam, while assigned to Company B, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, on 2 May 1967.  The applicant provides a copy of an award certificate, dated 19 May 1967, to further corroborate his receipt of this award; and

	c.  Headquarters, 9th Infantry Division, General Orders Number 7024, dated 30 November 1967, show the applicant was awarded the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam, while assigned to Company B, 2nd Battalion, 60th Infantry Regiment, 9th Infantry Division, during the period of 1 June 1966 through 30 November 1967.

8.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided, in pertinent part, for award of the Purple Heart.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

9.  Army Regulation 600-8-22 (Military Awards) provides that a Purple Heart is authorized for the first wound suffered, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

10.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam. During the applicant's tour in Vietnam he participated in two campaigns:  Vietnam Counteroffensive Phase II and Vietnam Counteroffensive Phase III.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

11.  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.  This regulation shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure based on Department of the Army General Orders Number 31, dated 1969.

12.  Department of the Army Pamphlet 672-3 shows the unit to which the applicant was assigned was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for accomplishments during his tenure based on Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show award of the Purple Heart with First Oak Leaf Cluster and the Bronze Star Medal with "V" Device were carefully considered.

2.  General orders awarded the applicant the Purple Heart for wounds sustained in action in the Republic of Vietnam on 2 May 1967.  Therefore, he is entitled to have his records corrected to show the Purple Heart.

3.  Although the applicant was issued two certificates commemorating his award of the Purple Heart, they were both for the same event.  It appears the applicant was erroneously issued the second certificate by an orders issuing authority who was unaware the applicant had already been awarded the Purple Heart by the hospital commander.  Army Regulation 600-8-22 provides that not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.  Therefore, the applicant is not entitled to correction of his record to show receipt of the Purple Heart with First Oak Leaf Cluster.
4.  General orders awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military actions involving conflict with an armed hostile force in the Republic of Vietnam.  General orders also awarded the applicant the Bronze Star Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam.  

5.  Evidence shows that both the applicant's DA Form 20 and his DD Form 214 were incorrectly annotated and failed to show that his first Bronze Star Medal awarded by General Orders Number 1269 included the "V" Device.  Therefore, the applicant is entitled to correction of his record to show receipt of the Bronze Star Medal with First Oak Leaf Cluster and "V" Device.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during the applicant's tenure in the unit.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for accomplishments during the applicant's tenure in the unit.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

8.  Records show that the applicant was awarded the Vietnam Service Medal.  Evidence shows that he participated in two campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for award of two bronze service stars to be affixed to his previously awarded Vietnam Service Medal.

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 the Bronze Star Medal 1st Award and the Bronze Star Medal 2nd Award from Item 24 of the applicant's DD Form 214; 

	b.  adding the following awards to Item 24 of the applicant's DD Form 214:

		(1)  the Purple Heart,

		(2)  the Bronze Star Medal with First Oak Leaf Cluster and "V" Device,

		(3)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation,

		(4)  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,

		(5)  two bronze service stars to be affixed to his already-awarded Vietnam Service Medal; and

	c.  providing the applicant a correction to his DD Form 214 to show these changes.

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 award of the 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)                                         AR20090010609



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ABCMR Record of Proceedings (cont)                                         AR20090010609



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