IN THE CASE OF:	  

		BOARD DATE:	  15 June 2010

		DOCKET NUMBER:  AR20090018452 


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 that his record be corrected to show he was awarded three Purple Hearts.

2.  The applicant states he was awarded three Purple Hearts but he can find documents substantiating only two of them.  He was wounded on 1 December 1969, 11 June 1970, and 18 September 1970.  He can find no record reflecting the second one.  

3.  The applicant provides, in support of his request, orders awarding him the Purple Heart for a combat wound on 1 December 1969 and a DA Form 3349 (Medical Condition Physical Profile Record) showing he was treated for a fragment wound to the left thigh on 18 September 1970.

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 enlisted on 22 April 1969, completed training as an infantryman and basic airborne training, and was posted to Vietnam.

3.  He served in Vietnam with C Company, 2nd Battalion, 4th Infantry Regiment from 27 November 1969 to 18 September 1970; with D Troop, 7th Squadron, 1st Air Cavalry from 19 September  to 8 October 1970; and with D Troop, 3rd Squadron, 5th Air Cavalry from 9 October to 2 November 1970, when he returned to the United States.

4.  His records contain the following orders:

* 3rd Field Hospital General Orders Number 329, dated 2 December 1969, awarded him the Purple Heart for wounds sustained in action on 1 December 1969
* 3rd Brigade, 9th Infantry Division General Orders Number 98, dated 30 December 1969 also awarded him the Purple Heart for wounds sustained in action on 1 December 1969
* II Field Force Vietnam General Orders Number 1072, dated 24 March 1970, awarded him the Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster
* II Field Force Vietnam General Orders Number 3414, dated 24 August 1970, awarded him the Army Commendation Medal with 1st Oak Leaf Cluster for service from 16 November 1969 to 20 August 1970
* Headquarters, United States Army Vietnam letter dated 16 October 1970, authorized the applicant to accept the Republic of Vietnam Gallantry Cross with Silver Star

5.  After brief assignments to both infantry and cavalry units at Fort Hood, Texas the applicant was released from active duty in pay grade E-5 on 10 December 1971 and transferred to the Army Reserve Control Group. 

6.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) lists his awards, in block 24, as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, [Republic of] Vietnam Campaign Medal with Device (1960), Combat Infantryman Badge, Silver Star, Purple Heart, Bronze Star Medal with "V" Device, Army Commendation Medal with "V" Device and with 1st Oak Leaf Cluster, Air Medal, Expert Marksmanship Qualification Badge with Rifle Bar,  and 1st Class Gunner Badge [Sharpshooter Marksmanship Qualification Badge with Machinegun] (M-60 Bar).

7.  His DA Form 20 (Enlisted Qualification Record) shows:

   a.  in item 31 (Foreign Service), he served in Vietnam from 15 November 1969 through 2 November 1970.
   
   b.  in item 38 (Record of Assignments), that his conduct and efficiency ratings were all "excellent" and there is no derogatory information in his records;
   
   c.  in item 39 (Campaigns) that he served during the Vietnam Winter-Spring 1970 and 13th [as yet unnamed] campaign;
   
   d.  in item 40 (Wounds), that he sustained a fragment wound to his left shoulder on 1 December 1969 and another to his left thigh on 8 September 1970; and 
   
   e.  in item 41(Awards and Decorations), that he was awarded the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Purple Heart, Bronze Star Medal with "V" Device, Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, Silver Star, [Republic of] Vietnam Campaign Medal with Device (1960), Air Medal, two Overseas Service Bars, Army Commendation Medal with 1st Oak Leaf Cluster, 1st Class Gunner Badge [Sharpshooter Marksmanship Qualification Badge with Machinegun (M-60) Bar], Expert Marksmanship Qualification Badge with Rifle (M-16) Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle (M-14) Bar.

8.  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 award orders for the applicant.

9.  The Vietnam Casualty list shows only the wound sustained by the applicant on 1 December 1969.

10.  The applicant appears to be entitled to additional awards based on the following:

	a.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows the pertinent identified campaign periods for which a bronze service star is authorized for wear on the Vietnam Service Medal are as follows: Vietnam Summer-Fall 1969 from 9 June-31 October 1969; Vietnam Winter-Spring 1970 from 1 November 1969 – 30 April 1970; DA Sanctuary Counteroffensive  1 May –30 June 1970; Vietnam Counteroffensive Phase VII 1 July 1970 – 30 June 1971; and

	b.  the pamphlet also shows that Department of the Army General Order Number 8 of 1974 awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all units serving in Vietnam between 8 February 1972 and 28 March 1973.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was awarded three Purple Hearts but he can find documents substantiating only two of them.  He was wounded on 1 December 1969, 11 June 1970 and 18 September 1970.  He can find no record reflecting the second one.  

2.  Regarding his request for three Purple Hearts:

   a.  The applicant submitted orders for the Purple Heart for a wound sustained on 1 December 1969 and a medical record showing he was treated for a fragment wound on 18 September 1970.

   b.  The DA Form 20 shows, in item 40, that he was wounded on 1 December 1969 and 8 September 1970.  There appears to be duplicate orders awarding him the Purple Heart for the wounds sustained on 1 December 1969.  There is no available evidence that he was wounded twice on that day.  

   c.  While he was clearly treated for a combat wound sustained on 18 September 1970, there is no evidence to show the Purple Heart was awarded for this wound.  This should be accomplished and his DD Form 214 corrected accordingly.

   d.  There is no available evidence that shows he was wounded on 11 June 1970.  

3.  Other errors and omissions in the award listings on his DD Form 214 are as follows:

	a.  the first available general order of record pertaining to the Army Commendation Medal awarded the applicant that decoration with the "V" Device and 1st Oak Leaf Cluster.  Presumably, there is an earlier order for this decoration.  Therefore the subsequent award should have been identified as the third one [with 2nd Oak Leaf Cluster];

   b.  the applicant served during four designated campaign periods and is entitled to wear four bronze service stars on his Vietnam Service Medal;

	c.  he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

	d.  he was authorized to accept a personal foreign decoration, the Republic of Vietnam Gallantry Cross with Silver Star.

	e.  he met the eligibility criteria for award of the Army Good Conduct Medal, and this award should be awarded.

4. In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant’s records as recommended below.
 
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 Purple Heart with 1st Oak Leaf Cluster for wounds sustained in action against the enemy on 18 September 1970;
   
   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 22 April 1969 through 10 December 1971;
   
   c.  deleting the awards currently shown in block 24 of his DD Form 214; and 
   
	d.  showing in block 24 of his DD Form 214 that his authorized awards consist of the Silver Star, Air Medal, Bronze Star Medal with "V" Device, Purple Heart with 1st Oak Leaf Cluster, Army Commendation Medal with "V" Device and 2nd Oak Leaf Cluster, Army Good Conduct Medal (1st Award), National Defense Service Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Silver Star, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge, Expert Marksmanship Qualification Badge with Rifle (M-16) Bar, Sharpshooter Marksmanship Qualification Badge with Rifle 
(M-14) and Machinegun Bars.

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 a third 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)                                         AR20090018452





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ABCMR Record of Proceedings (cont)                                         AR20090018452



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