IN THE CASE OF:	

		BOARD DATE:	  30 March 2010

		DOCKET NUMBER:  AR20090016248


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 (Armed Forces of the United States Report of Transfer or Discharge) to show two additional awards of the Purple Heart and one award of the Air Medal.

2.  The applicant states he was wounded three times in Vietnam.  He also states he was awarded an Air Medal, but it is not listed on his DD Form 214.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show:

   a.  he served in the Army of the United States from 8 May 1968 to 7 May 1970;

   b.  he was an infantryman and he achieved the rank of sergeant;

	c.  he served in Vietnam as a squad leader with 2nd Battalion, 7th Cavalry, 1st Cavalry Division, from on or about 8 October 1968 to on or about 4 October 1969; and

	d.  he had uniformly "excellent" conduct and efficiency ratings with no court-martial convictions.

2.  The applicant's DD Form 214 shows the following awards:  National Defense Service Medal, Purple Heart, Bronze Star Medal, Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16), Republic of Vietnam Campaign Medal with 1960 Device, Vietnam Unit Citation, two Overseas Service Bars, Vietnam Service Medal, and Combat Infantryman Badge.  

3.  General Orders Number 11168, Headquarters, 1st Cavalry Division, Vietnam, dated 13 September 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam.

4.  The Vietnam Casualty File shows the applicant was wounded on two occasions – 8 January and 5 May 1969.  His DA Form 20 (Enlisted Qualification Record) shows that he was wounded twice.  On 8 January 1969, he received a fragmentation wound to his right cheek and right wrist.  On 5 May 1969, he received a gunshot wound to his left cheek.

5.  The applicant's records contain the following orders related to him being wounded and awarded the Purple Heart:

	a.  General Orders Number 712, Headquarters, 1st Cavalry Division, Vietnam, dated 16 January 1969, awarded the applicant the Purple Heart for wounds received on 9 January 1969;

	b.  General Orders Number 954, Headquarters, 1st Cavalry Division, Vietnam, dated 23 January 1969, revoked General Orders 712; and

	c.  General Orders Number 320, Headquarters, 1st Cavalry Division, Vietnam, dated 9 May 1969, awarded the applicant the Purple Heart with Oak Leaf Cluster for wounds received on 5 May 1969.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	a.  During Vietnam, the Good Conduct Medal was awarded to individuals who completed a qualified 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;

	b.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and 
(3) the medical treatment was made a matter of official record; and 

	c.  A bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation.  Authorized bronze service stars will be worn on the appropriate service medal.  A single silver service star denotes five campaigns.  The applicant served in Vietnam during five campaigns: 
Vietnam Counteroffensive, Phase V, 1 July 1968—1 November 1968; Vietnam Counteroffensive, Phase VI, 2 November 1968—22 February 1969; TET 69 Counteroffensive, 23 February 1969—8 June 1969;  Vietnam Summer Fall 1969, 9 June 1969—31 October 1969; and Vietnam Winter-Spring 1970, 1 November 1969—30 April 1970.

7.  During Vietnam, US Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards) provided for award of the Purple Heart.  It stated that Soldiers who were treated and returned to their units within 24 hours of being wounded would be awarded the Purple Heart by their unit of assignment.  For wounded Soldiers requiring hospitalization in excess of 24 hours or medical evacuation from Vietnam, the authority to award the Purple Heart was delegated to hospital commanders; and

8.  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 unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969 by Department of the Army General Order Number 70, dated 1969, amended by Department of the Army General Order Number 59, dated 1969.  It also shows that the unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army General Order Number 42, dated 1972.

9.  During the processing of this case, a member for the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the United States Army Human Resources Command, which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal orders awarding the applicant a third award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show three awards of the Purple Heart.  He also requests his records be corrected to show the Air Medal.

2.  The applicant's records contain orders awarding him the Air Medal.  This award should be added to his DD Form 214.

3.  The applicant's records only show two woundings.  These woundings are verified by the Vietnam Casualty File and by the issuance of two sets of general orders for the Purple Heart.  The first set of orders was revoked, yet the second set awarded the Purple Heart with Oak Leaf Cluster.  The probable reason for the revocation was most likely because both the unit and the hospital issued orders for the same wounding, thus duplicate orders were issued and the unit revoked their orders.  When the unit issued the second set of orders they published them for the Purple Heart with Oak Leaf Cluster to acknowledge the hospital's orders for the first Purple Heart.  There is no evidence of a third wounding, thus only the Purple Heart with One Oak Leaf Cluster should be placed on the applicant's DD Form 214.

4.  The applicant is entitled to other awards which do not appear on his DD Form 214.  The available evidence shows the following:

	a.  He was a sergeant and a squad leader and he had "excellent" conduct and efficiency ratings and no court-martial convictions; he should receive the Good Conduct Medal for the period 8 May 1968 through 7 May 1970;

	b.  He participated in 5 campaigns during his Vietnam service.  He should receive a silver service star for wear on his Vietnam Service Medal; and

	c.  His unit received the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his tenure.  These foreign unit awards should be added to his 
DD Form 214.






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 Purple Heart and the Vietnam Service Medal from his 
DD Form 214;

	b.  awarding him the Good Conduct Medal for the period 8 May 1968 through 7 May 1970; and

	c.  adding the Purple Heart with One Oak Leaf Cluster, Air Medal, Good Conduct Medal, Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to 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 a Second Oak Leaf Cluster for his Purple Heart.



      _______ _   _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)                                         AR20090016248



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ABCMR Record of Proceedings (cont)                                         AR20090016248



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