IN THE CASE OF:	  

		BOARD DATE:	    6 May 2010

		DOCKET NUMBER:  AR20090017422 


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 records to show award of the Purple Heart, Bronze Star Medal, and any other decorations to which he is entitled.

2.  The applicant states the Purple Heart was not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of a DA Form 1173 (Authorization for Issuance of Awards), dated 25 February 1985.

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 and entered active duty on 11 May 1967.  Upon completion of training he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 31 (Foreign Service) he was assigned to the Republic of Vietnam (RVN) from 8 October 1967 through 6 October 1968;

	b.  item 38 (Record of Assignments) he was assigned to:

		(1)  Company A, 1st Battalion, 27th Infantry, 25th Infantry Division, from 12 October 1967 through 1 August 1968; and

		(2)  Headquarters and Headquarters Company, 1st Battalion, 27th Infantry, 25th Infantry Division, from 2 August through 5 October 1968;

	c.  item 39 (Campaigns) he served in the RVN during the Vietnam Counteroffensive Phase III campaign;

	d.  item 40 (Wounds) he sustained multiple fragments wounds to both legs on 3 March 1968; and

	e.  item 41 (Awards and Decorations) the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, two awards of the Bronze Star Medal with "V" Device, Bronze Star Medal (1st Oak Leaf Cluster), Army Commendation Medal with "V" Device, Combat Infantryman Badge, two overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Automatic Rifle and Rifle Bars.

4.  There are no orders or other evidence in the applicant's military personnel records that show he was awarded the Purple Heart.

5.  A search of the U.S. Army Human Resources Command Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders showing the applicant was awarded the Purple Heart.

6.  A review of The Adjutant General Casualty Division's Vietnam casualty roster confirmed the applicant was wounded in the RVN on 3 March 1968.

7.  Headquarters, 25th Infantry Division, RVN, General Orders Number 2218, dated 2 April 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 4 January 1968.

8.  Headquarters, 25th Infantry Division, RVN, General Orders Number 873, dated 1 March 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 11 January 1968.

9.  Headquarters, 25th Infantry Division, RVN, General Orders Number 5477, dated 30 July 1968, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 9 May 1968.

10.  Headquarters, 25th Infantry Division, RVN, General Orders Number 8142, dated 13 November 1968, awarded the applicant the Bronze Star Medal (First Oak Leaf Cluster) for meritorious service in connection with military operations against a hostile force in the RVN from October 1967 to October 1968.

11.  The applicant's DD Form 214 shows he was honorably released from active duty on 9 May 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.

   a.  At the time he had completed 1 year, 11 months, and 29 days of net active service.

	b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Campaign Medal, Vietnam Service Medal with two bronze service stars, two overseas service bars, Bronze Star Medal with "V" Device (Second Oak Leaf Cluster), Army Commendation Medal with "V" Device, Combat Infantryman Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

12.  In support of his application, the applicant provides a DA Form 1173 that shows the Assistant Adjutant General, Reserve Component Personnel Administration Center, St. Louis, Missouri, authorized the issuance of the Purple Heart and Bronze Star Medal to the applicant.  This document also advised "[i]ndividuals receiving multiple wounds simultaneously are entitled to only one award of the Purple Heart."

13.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

14.  Headquarters, U.S. Army School/Training Center, Fort McClellan, Alabama, Special Orders Number 197, dated 17 August 1967, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

15.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists campaigns for Vietnam.  This document shows the applicant served in the RVN during four campaigns that included the Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968), Tet Counteroffensive (30 January 1968-1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968), and Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968).  This regulation also provides for 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, including the Vietnam Service Medal.

16.  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 pamphlet shows that at the time of the applicant's assignment to Company A and Headquarters and Headquarters Company, 1st Battalion, 27th Infantry, 25th Infantry Division, the battalion was awarded:

	a.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971, and

	b.  the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

17.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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.

	b.  The bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with awards of the Bronze Star Medal.  Although more than one award of the Bronze Star Medal may be made for heroism to the same person, only one "V" device may be worn on the Bronze Star Medal.

	c.  An oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Bronze Star Medal.

	d.  The marksmanship qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course (i.e., expert, sharpshooter, marksman).  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart, three awards of the Bronze Star Medal, and all other decorations to which he is entitled.

2.  The applicant's claim to the Purple Heart was carefully considered.

	a.  Item 40 of the applicant's DA Form 20 shows he sustained multiple fragment wounds to both legs on 3 March 1968.

	b.  There are no orders showing award of the Purple Heart, nor is the award listed in item 41 of his DA Form 20.

	c.  The Vietnam casualty roster confirms the applicant was wounded in the RVN on 3 March 1968.

	d.  Therefore, the available evidence supports award of the Purple Heart.

3.  General orders awarded the applicant the Bronze Star Medal with "V" Device on two occasions.  General orders also awarded him a third Bronze Star Medal for meritorious service.  The applicant's three awards of the Bronze Star Medal (i.e., Bronze Star Medal with "V" Device with Second Oak Leaf Cluster) are correctly recorded in item 24 of his DD Form 214.  Therefore, no action is required to correct the applicant's DD Form 214 in this instance.

4.  The applicant qualified for award of the Vietnam Service Medal and he served in four campaigns during his service in the RVN.  Therefore, he is entitled to four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

6.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Automatic Rifle Bar.

7.  The above awards should be shown on his DD Form 214.

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 him the Purple Heart for wounds received in action in Vietnam on 3 March 1968;

	b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal with
two campaign stars and Sharpshooter Badge (M-14); and

   c.  adding to item 24 of his DD Form 214 the Purple Heart, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Sharpshooter Marksmanship Qualification Badge with Rifle and Automatic Rifle Bars.



      _________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)                                         AR20090017422



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017422



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1