IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090010817 


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 (Report of Transfer or Discharge) to show three awards of the Purple Heart (correctly known as the Purple Heart with Second Oak Leaf Cluster), a second award of the Air Medal (correctly known as the Air Medal with Numeral 2), a second award of the Army Commendation Medal (correctly known as the Army Commendation Medal with First Oak Leaf Cluster), and an unspecified number of bronze service stars to be affixed to his Republic of Vietnam Campaign Medal with Device (1960) (apparently he means the Vietnam Service Medal since bronze service stars are not worn on the Republic of Vietnam Campaign Medal with Device (1960)). 

2.  The applicant states that he was issued three awards of the Purple Heart in the field and he would benefit through the Department of Veterans Affairs if these awards were shown on his DD Form 214.  He contends that he earned the above mentioned awards and that he has oak leaf clusters on the Air Medal and the Army Commendation Medal.  He also points out that he has the three medals for the Purple Heart; however, he cannot locate any paperwork because he has divorced 2 times, moved 4 times, and had 1 house fire. 

3.  The applicant provides a copy of his 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 was inducted into the Army of the United States on 21 May 1968.  He arrived in Vietnam on 20 October 1968.  He served as a light weapons infantryman assigned to Company D, 3rd Battalion, 47th Infantry of the 
9th Infantry Division in Vietnam from 1 November 1968 through 29 June 1969.  He was assigned to Company D, 4th Battalion, 39th Infantry of the 9th Infantry Division in Vietnam from 30 June 1969 through 30 July 1969.  On 7 April 1970, he was released from active duty in the rank of sergeant after completing 1 year, 10 months, and 17 days of creditable active service with no time lost.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Air Medal, and the Army Commendation Medal as authorized awards.

4.  There are no orders for the Purple Heart in the available records.  However, the Vietnam Casualty Roster also shows he was wounded on 21 March 1969. 

5.  Item 40 (Wounds) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded on 22 March 1969 (concussion, back injury).  

6.  Headquarters, 9th Infantry Division Special Orders Number 42, dated 
11 February 1969, show the applicant received the Combat Infantryman Badge.

7.  Headquarters, 9th Infantry Division General Orders Number 3810, dated 
29 March 1969, show the applicant received the Army Commendation Medal for heroism on 2 March 1969 in Vietnam.

8.  Headquarters, 9th Infantry Division General Orders Number 3930, dated 
3 April 1969, show the applicant received the Army Commendation Medal for outstanding achievement during the period 6 November 1968 to 10 March 1969.
9.  Headquarters, 9th Infantry Division General Orders Number 6201, dated 
31 May 1969, show the applicant received the Air Medal for the period 
20 November 1968 to 24 April 1969.

10.  Headquarters, 9th Infantry Division General Orders Number 8620, dated 
5 July 1969, show the applicant received the Army Commendation Medal with Second Oak Leaf Cluster for meritorious service during the period November 1968 to July 1969.

11.  There are no orders for a second award of the Air Medal in the available records.

12.  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 the Purple Heart or a second award of the Air Medal pertaining to the applicant.

13.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

14.  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.  His records show he received conduct and efficiency ratings of "excellent" throughout his service.

15.  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 document shows the applicant's unit (3rd Battalion, 47th Infantry) at the time of his assignment was awarded of the Meritorious Unit Commendation for actions during the period 1 January 1968 to 31 December 1968 based on Department of the Army General Orders (DAGO) Number 
36, dated 1970.  

16.  Department of the Army Pamphlet 672-3 shows the applicant's unit 
(3rd Battalion, 47th Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 31, dated 1969.  




17.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(3rd Battalion, 47th Infantry) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 59, dated 1969.  

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for 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.  

19.  Army Regulation 600-8-22 also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart and the Army Commendation Medal.

20.  Army Regulation 600-8-22 provides, in pertinent part, that Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

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 and states that authorized bronze service stars will be worn on the appropriate service medal.

22.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 was not disqualifying.  However, there was no right or entitlement to the medal until the immediate commander made positive recommendation for its award and until the awarding authority announced the award in general orders.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was issued three awards of the Purple Heart in Vietnam was noted.  However, there are no orders in the available records.  The Vietnam Casualty Roster shows the applicant was wounded on 
21 March 1969 and his DA Form 20 shows he was wounded the following day on 22 March 1969.  The entry on the Vietnam Casualty Roster is accepted as sufficient evidence on which to amend his DD Form 214 to show one award of the Purple Heart.  

2.  In the absence of orders or other evidence of record showing that the applicant was wounded as a result of hostile action in Vietnam on 
22 March 1969, the entry in item 20 on his DA Form 20 is not sufficient as a basis for amending his DD Form 214 to show a second award of the Purple Heart.  

3.  The evidence of record does not support the applicant's contention that he received a second award of the Air Medal.  His DD Form 214 shows one award of the Air Medal as an authorized award and orders show he received one award of the Air Medal.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show the Air Medal with Numeral 2. 

4.  The applicant's DD Form 214 shows the Army Commendation Medal as an authorized award.  However, orders show he received three awards of the Army Commendation Medal, one award for valor.  Therefore, his DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device with Second Oak Leaf Cluster.  

5.  The applicant participated in four campaigns during his assignment in Vietnam which entitles him to award of the Vietnam Service Medal with four bronze service stars.

6.  Orders show the applicant received the Combat Infantryman Badge.

7.  The applicant was separated in the rank of sergeant with 22 months of creditable active service with no time lost.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 21 May 1968 through 7 April 1970 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his records should be corrected to show this award.

8.  The applicant's unit (3rd Battalion, 47th Infantry) 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 while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show these unit awards.


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 him the first award of the Good Conduct Medal for the period 
21 May 1968 through 7 April 1970; 

	b.  deleting the entry "ARMY COMMENDATION MEDAL" from item 
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and

	c.  adding the Purple Heart, the Army Commendation Medal with "V" Device with Second Oak Leaf Cluster, the Good Conduct Medal, the Combat Infantryman Badge, the Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214. 

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 amending his DD Form 214 
to show two additional awards of the Purple Heart or the Air Medal with 
Numeral 2.  



      _______ _   _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)                                         AR20090010817





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ABCMR Record of Proceedings (cont)                                         AR20090010817



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