BOARD DATE:	  27 May 2010

		DOCKET NUMBER:  AR20090020046 


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 three awards of the Purple Heart and one award of the Army Commendation Medal.

2.  The applicant states these awards are not on his DD Form 214 and should be included on it.  

3.  The applicant provides a copy of his DD Form 214, two general orders for the Purple Heart, and one general order for the Army Commendation Medal.

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 on 6 April 1967.  His highest rank/grade attained was specialist four (SP4)/E-4.

3.  He was assigned to Vietnam on 10 December 1967.  He was assigned to:

* Battery A, 2nd Battalion, 4th Artillery, 9th Infantry Division from
20 December 1967 through 11 January 1968
* Headquarters and Headquarters Detachment, 2nd Battalion, 4th Artillery, 9th Infantry Division from 12 January 1968 through 6 December 1968

4.  Headquarters, 3rd Field Hospital published General Orders Number 20 on
13 February 1968 which awarded the applicant the Purple Heart for wounds received in action on 10 February 1968.

5.  Headquarters, 9th Infantry Division published General Orders Number 1307 on 10 March 1968 which awarded the applicant the Purple Heart for wounds received in action on 10 February 1968.

6.  Item 40 (Wounds) on his DA Form 20 (Enlisted Qualification Record) shows he sustained fragment wounds on his back on 10 February 1968.  His name is listed once on the Vietnam Casualty Roster for wounds received in action on 10 February 1968.

7.  Headquarters, 9th Infantry Division published General Orders Number 10575 on 11 November 1968 which awarded the applicant the Army Commendation Medal for meritorious service in the Republic of Vietnam from December 1967 to November 1968.

8.  The applicant departed Vietnam on 9 December 1968.  Based on his service in Vietnam from 10 December 1967 to 9 December 1968 he received credit for participation in the following campaigns:

* Vietnamese 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)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

9.  The applicant was released from active duty on 10 December 1968 in the rank/grade of SP4/E-4.  He completed 1 year, 8 months, and 5 days of active military service with no days of time lost.

10.  His DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his service.  The evidence of record does not show any disciplinary actions or a commander's disqualification.

11.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), National Defense Service Medal, and a "Vietnam Unit Award" as authorized awards.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 2nd Battalion, 4th Artillery, 9th Infantry Division, this unit was cited for the following four awards:

* Valorous Unit Award for the period 6-12 May 1968 by Department of the Army General Orders (DAGO) 43, dated 1970
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards) for the period 1 December 1966 - 30 June 1968 by DAGO 31, dated 1969 and for the period 1 July - 13 November 1968 by DAGO 31, dated 1969 
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 – 28 June 1969 by DAGO 59, dated 1969

13.  Department of the Army 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.

14.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

15.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) stated the authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual is assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

16.  Army Regulation 600-8-22 authorizes 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.  A silver service star will be worn in lieu of five bronze service stars.

17.  Army Regulation 672-5-1 (Awards), in effect at the time, 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; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records contain orders published by the 3rd Field Hospital and the 9th Infantry Division awarding him the Purple Heart for wounds sustained on 10 February 1968.

2.  Although the field hospital and the applicant's unit published duplicate orders for the same award during the same period, the Vietnam Casualty Roster indicates the applicant was wounded only once, on 10 February 1968.

3.  The applicant’s service record does not show he was wounded as a result of hostile action in Vietnam on three separate occasions.  Therefore, the applicant is entitled to only one award of the Purple Heart and correction of his DD Form 214 to show this award.

4.  Orders show the applicant was awarded the Army Commendation Medal.  Therefore, this award should be added to his DD Form 214.

5.  It appears that the applicant met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 6 April 1967 


through 10 December 1968.  Therefore, he should be awarded the Army Good Conduct Medal (1st award) and his DD Form 214 should be corrected to show this award 

6.  The applicant was assigned to a unit during a period of time that unit was awarded the Valorous Unit Award, two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, these unit awards should be added to his DD Form 214.

7.  The applicant’s DD Form 214 currently reflects the Vietnam Service Medal.  However, he received credit for participation in five campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect one silver service star for wear on his already-awarded Vietnam Service Medal.

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 from item 24 of his DD Form 214 the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal for the period 6 April 1967 through 10 December 1968; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Commendation Medal, Army Good Conduct Medal, Vietnam Service Medal with one silver service star, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2 awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.

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 three awards of the 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)                                         AR20090020046



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ABCMR Record of Proceedings (cont)                                         AR20090020046



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