IN THE CASE OF:	  

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090014794 


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 DD Form 214 (Report of Transfer or Discharge) to show award of the Purple Heart.

2.  The applicant states, in effect, that he was awarded the Purple Heart for wounds received in action on 23 May 1969 in Vietnam and this award is not listed on DD Form 214. 

3.  The applicant provides an award certificate for the Purple Heart and 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 12 June 1968.  He arrived in Vietnam on 11 November 1968.  He served as a light weapons infantryman assigned to Companies B and C, 2nd Battalion, 47th Infantry of the 9th Infantry Division in Vietnam from 19 November 1968 through 
2 September 1969.  On 11 June 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.    

3.  The applicant's DD Form 214 shows the National Defense Service Medal, the Silver Star, the Army Commendation Medal, the Combat Infantryman Badge, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), one award of the Overseas Service Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 3d Field Hospital General Orders Number 145, dated 24 May 1969, show the applicant received the Purple Heart for wounds received in action on 23 May 1969.

5.  Headquarters, U.S. Army Training Center Engineer and Fort Leonard Wood General Orders Number 60, dated 21 May 1970, show the applicant received the first award of the Good Conduct Medal for the period 12 June 1968 to 11 June 1970. 

6.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

7.  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 2nd Battalion, 47th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation (January to June 1969) based on Department of the Army General Orders (DAGO) Number 59, dated 1969.  This unit was awarded a second award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (29 July 1969 to 20 July 1970) based on DAGO Number 55, dated 1971.

8.  Paragraph 6 (Miscellaneous Information) of DA Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

9.  Department of the Army Pamphlet 672-3 also shows the 2nd Battalion, 47th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (19 December 1966 to 28 June 1969) based on DAGO Number 59, dated 1969.  This unit was awarded a second award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (26 July 1969 to 20 July 1970) based on DAGO Number 55, dated 1971.

10.  Army Regulation 600-8-22 (Military Awards), 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.  

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart and the first award of the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show these awards. 

2.  The applicant participated in three campaigns during his assignment in Vietnam.  Therefore, he is entitled to three awards of the bronze service star to be worn on his already-awarded Vietnam Service Medal.

3.  The applicant's unit was cited for two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, he is eligible to wear one of those awards.  However, his DD Form 214 should be corrected to show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant's unit was awarded two awards of 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 citations.

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 adding the Purple Heart, the first award of the Good Conduct Medal, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal on his DD Form 214.



      _________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)                                         AR20090014794





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ABCMR Record of Proceedings (cont)                                         AR20090014794



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