BOARD DATE:	  8 June 2010

		DOCKET NUMBER:  AR20090019650 


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 awards of the Purple Heart.

2.  The applicant states he was wounded in action on two occasions in Vietnam and he received two awards of the Purple Heart.

3.  The applicant provides copies of his two Purple Heart award certificates and his DD Form 214.

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 for a period of 24 months on 3 August 1966.  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) that he served in the Republic of Vietnam (RVN) beginning 5 June 1967;

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

		(1)  Company E, 4th Battalion, 47th Infantry, 4th Infantry Division, from 10 June 1967 through 2 July 1967;

		(2)  Company A, 4th Battalion, 47th Infantry, 4th Infantry Division, from 3 July 1967 through 4 April 1968; and

		(3)  the Medical Holding Detachment, 249th General Hospital, Japan, on 5 April 1968.

	c.  item 39 (Campaigns) is blank;

	d.  item 40 (Wounds) is blank; and

   e.  item 41 (Awards and Decorations) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Republic of Vietnam Campaign Medal, and Marksman Marksmanship Qualification Badge with Rifle Bar.

4.  A copy of a letter, dated 18 July 1969, issued by The Adjutant General of the Army shows the applicant was awarded the Purple Heart for wounds received as a result of hostile action in the RVN on 29 July 1967.  This document also shows the order awarding the Purple Heart was to be automatically revoked if a previous order had been issued.

5.  Headquarters, 3rd Field Hospital, General Orders Number 47, dated 7 April 1968, awarded the applicant the Purple Heart (Second Award) [1st Oak Leaf Cluster] for wounds received in connection with military operations against a hostile force in the RVN on 5 April 1968.

6.  The applicant's DD Form 214 shows he was honorably released from active duty on 27 June 1968 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation.  At the time he had completed 1 year, 10 months, and 25 days of net active service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Combat Infantryman Badge.

7.  A review of The Adjutant General's Office Casualty Division's Vietnam casualty roster shows the applicant's name is listed as a casualty on 4 April 1968 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

8.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any additional orders for the Purple Heart pertaining to the applicant.

9.  In support of his application, the applicant provides copies of two Purple Heart certificates that show he was awarded:

	a.  the Purple Heart for wounds received in action in the RVN on 29 July 1967 and

	b.  the Purple Heart for wounds received in action in the RVN on 5 April 1968.

10.  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.

11.  Headquarters, 197th Infantry Brigade, Fort Benning, Georgia, Special Orders Number 97, dated 1 May 1967, awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.

12.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that a bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.

	b.  Table B-1 of Army Regulation 600-8-22 contains a list of Vietnam campaigns and it shows that during the applicant's tour in Vietnam participation credit was awarded for the following campaigns:

* 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)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to Company E, 4th Battalion, 47th Infantry, his battalion was awarded the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 31 (1969) and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 59 (1969).

14.  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.  An oak leaf cluster is awarded to denote the second and each succeeding award of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show two awards of the Purple Heart because he was wounded in action in the RVN on two separate occasions, but the awards are not recorded on his DD Form 214.

2.  Records show that:

	a.  The Adjutant General of the Army confirmed that orders were issued announcing award of the Purple Heart to the applicant for wounds received as a result of hostile action in the RVN on 29 July 1967.  In addition, the applicant provides a copy of his Purple Heart award certificate documenting the award.

	b.  The Adjutant General's Office Vietnam casualty roster confirms the applicant was wounded in action in the RVN.  Also, general orders announced award of the Purple Heart (1st Oak Leaf Cluster) to the applicant for wounds received as a result of hostile action in the RVN on 5 April 1968.  In addition, the applicant provides a copy of his Purple Heart award certificate documenting the award.

	c.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show two awards of the Purple Heart.

3.  The applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his DD Form 214 to show three bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

4.  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.  Therefore, it would be appropriate to correct his DD Form 214 to show these two foreign unit awards.

5.  Special orders awarded the applicant the Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge with the component bar.

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 24 of his DD Form 214 the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the Purple Heart (1st Oak Leaf Cluster), Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Marksman Marksmanship Qualification Badge with Rifle Bar.



      ____________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)                                         AR20090019650



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ABCMR Record of Proceedings (cont)                                         AR20090019650



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