IN THE CASE OF:	  

		BOARD DATE:	  1 July 2010

		DOCKET NUMBER:  AR20090018803 


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 award of the Purple Heart for wounds sustained on 
29 August 1969 in the Republic of Vietnam (RVN).

2.  The applicant states he was wounded during an action for which he ultimately received the Bronze Star Medal with “V” Device.  He notes he was wounded in action and took some small shrapnel in his lower left leg.  It bled a little and felt like he had been hit in the shins with a baseball bat, but he could still function.  After a quick check by his noncommissioned officer in charge and the medic he continued on.

3.  The applicant states the issue came up a couple of years ago when his sister’s grandson was having a Veterans Day celebration at school.

4.  The applicant provides a copy of his Bronze Star Medal with “V” Device award orders and a copy of the award certificate, and a copy of his DD Form 214 (Report of Separation from Active Duty).

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.  Records available to the Board indicate the applicant served an initial period of active duty as an enlisted Soldier before attending the United States Military Academy at West Point and being commissioned as a Regular Army officer in June 1967 and returning to active duty.

3.  The applicant served two tours of duty in the RVN.  His initial tour of duty occurred between 8 June 1968 and 21 November 1969, assigned to
5th Battalion, 7th Cavalry.  On 26 October 1969, by Headquarters, 1st Cavalry Division (Airmobile) General Orders Number 13191, dated 26 October 1969, he was awarded the Bronze Star Medal with “V” Device for his heroic actions on
29 August 1969.

4.  The award citation notes the applicant “was wounded by a mortar round but rejected medical aid, choosing instead to remain with his men….”

5.  There are no medical records confirming the applicant was wounded and his name is not among a list of individual’s reported as combat causalities on the Vietnam Casualty Roster.  There are also no orders indicating the applicant was ever awarded the Purple Heart.

6.  The applicant served his second tour of duty in the RVN with Headquarters, United States Military Assistance Command Vietnam between 28 January 1971 and 8 September 1972.

7.  On 23 September 1975 the applicant was released from active duty.  His DD Form 214 reflects the following awards and decorations:

* National Defense Service Medal
* Army Good Conduct Medal
* Ranger Tab
* Vietnam Service Medal
* Air Medal
* RVN Campaign Medal with Device (1960)


* Combat Infantryman Badge
* Bronze Star Medal
* RVN Gallantry Cross with Palm Unit Citation
* Bronze Star Medal with “V” Device
* Army Commendation Medal
* Master Parachutist Badge
* Joint Service Commendation Medal
* Vietnamese Parachutist Badge

8.  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.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each RVN campaign a member is credited with participating in.  A silver service star will be worn instead of five bronze service stars.  Appendix B shows that during the applicant's two tours of duty in the RVN, he participated in the following 10 campaigns:

* Vietnamese Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnamese Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnamese Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69/Counteroffensive (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Vietnamese Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)
* Consolidation II (1 December 1971 - 29 March 1972)
* Vietnam Ceasefire Campaign (30 March 1972 - 28 January 1973)

10.  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 the unit (5th Battalion, 7th Cavalry) to which the applicant was assigned was cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Order (DAGO) 42, dated 1972.


11.  Department of the Army Pamphlet 672-3 also awarded the 5th Battalion,
7th Cavalry during his period of assignment the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 - 19 May 1969 by DAGO 59, dated 1969 and for the period May 1969 - February 1970 by DAGO 42, dated 1972, as amended by DAGO 11, dated 1973.

12.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO 8, dated 1974, announced award of the RVN Gallantry Cross with Palm Unit Citation to Headquarters, United States Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973.

13.  DA Pamphlet 672-3, paragraph 6 (Miscellaneous Information), 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s name is not among those listed as combat casualties on the Vietnam Casualty Roster, nor was there a record of any medical treatment having been made a matter of official record, the applicant’s award of the Bronze Star Medal with “V” Device confirms he was in fact wounded by hostile action in the RVN on 29 August 1969.  In this case it would be appropriate and in the interest of equity and justice to accept his statement that he was checked by the medic and to conclude his injuries met the requirement for award of the Purple Heart and to correct his DD Form 214 accordingly.

2.  The evidence confirms the applicant participated in 10 designated campaign phases during his two tours of duty in the RVN and as such he is entitled to two silver service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected accordingly.

3.  He is also entitled to the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  His records should be corrected accordingly.

4.  Records show the units to which he was assigned during his two tours of duty in the RVN were cited for three awards of the RVN Gallantry Cross with Palm Unit Citation.  By regulation, although he is entitled to wear only one award of this unit citation, his official military personnel and historical records will indicate all awards received.  Therefore, he is entitled to correction of his DD Form 214 to show three awards of this unit award.

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.  deleting from item 26 of his DD Form 214 the Vietnam Service Medal and the RVN Gallantry Cross with Palm Unit Citation;

   b.  awarding him the Purple Heart for wounds received in action in the RVN on 29 August 1969; and

   c.  adding to item 26 of his DD Form 214 the Purple Heart, Vietnam Service Medal with two silver service stars, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation (3 awards).



      ___________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)                                         AR20090018803



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ABCMR Record of Proceedings (cont)                                         AR20090018803



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