BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20090021545 


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) for the period ending 26 May 1969 to show award of the Purple Heart, Combat Infantryman Badge, Combat Action Ribbon, and Bronze Star Medal with "V" Device.

2.  The applicant states:

* he has a Purple Heart for his service in Vietnam
* he is a 100-percent service-connected veteran who suffers from post-traumatic stress disorder

3.  The applicant provides:

* DD Form 214 for the period ending 26 May 1969
* award certificate for the Purple Heart

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 in the Regular Army on 30 November 1960 for a period of 3 years.  He was awarded military occupational specialty (MOS) 111.00 (light weapons infantryman).  He was honorably discharged on 1 October 1963 for immediate reenlistment.  He reenlisted on 2 October 1963 for a period of 6 years.  His DA Form 20 (Enlisted Qualification Record) shows he was awarded primary MOS 64B (heavy vehicle driver) effective 25 April 1967.  He served in MOS 64B assigned to Company B, 4th Battalion, 23rd Infantry, in Vietnam from 15 April 1966 to 24 September 1967.  He served in MOS 64B assigned to Headquarters and Headquarters Company (HHC), 26th Engineer Battalion, Americal Division, in Vietnam from 24 June 1968 through 13 January 1969.  He served in MOS 64B assigned to Company E, 26th Engineer Battalion, Americal Division, in Vietnam from 14 January 1969 through 9 March 1969.  On 26 May 1969, the applicant was honorably discharged.

3.  The applicant's DD Form 214 for the period ending 26 May 1969 shows the National Defense Service Medal, Vietnam Service Medal with three bronze service stars, and Republic of Vietnam Campaign Medal with Device (1960) as authorized awards.

4.  There are no orders for the Purple Heart in the available records.  However, the Vietnam casualty roster shows he was wounded on 26 February 1969.

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows he was wounded on 9 January 1969.

6.  In support of his claim for the Purple Heart, the applicant provided an award certificate for the Purple Heart for wounds received in action on 26 February 1969.

7.  Headquarters, 25th Infantry Division, Special Orders Number 149, dated 9 June 1966, show the applicant received the Combat Infantryman Badge.

8.  There are no orders for the Bronze Star Medal with "V" Device in the available records.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not show entitlement to the Bronze Star Medal with "V" Device.

10.  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 orders for the Bronze Star Medal.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the applicant's unit (4th Battalion, 23rd Infantry) at the time of his assignment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders (DAGO) Number 48, dated 1971.

12.  Department of the Army Pamphlet 672-3 shows the applicant's unit (4th Battalion, 23rd Infantry) at the time of his assignment was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.

13.  Department of the Army Pamphlet 672-3 also shows the applicant's unit (HHC, 26th Engineer Battalion) at the time of his assignment was awarded the Navy Meritorious Unit Commendation for the period 1 July 1968 to 31 May 1969 based on DAGO Number 32, dated 1973.

14.  Army Regulation 600-8-22 (Military Awards) provides 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.

15.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who actively participated in ground or surface combat.  Department of Defense Instruction 1348.33 also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.

16.  Army Regulation 600-8-22 provides the Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  Recommendations must be made within 2 years of the event or period of service and the award must be made within 3 years.  The regulation states that the bronze "V" device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" device in conjunction with award of the Bronze Star Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he has a Purple Heart for his service in Vietnam and he provides an award certificate for the Purple Heart for wounds received in action on 26 February 1969.

2.  Although the entry on the applicant's DA Form 20 shows he was wounded on 9 January 1969, the preponderance of evidence shows he was wounded in action on 26 February 1969.  Therefore, the entry on the Vietnam casualty roster and the award certificate provided by the applicant which show he was wounded in action on 26 February 1969 are accepted as sufficient evidence on which to add the Purple Heart to the applicant's DD Form 214 for the period ending 26 May 1969.

3.  Orders show the applicant received the Combat Infantryman Badge.  Therefore, his DD Form 214 for the period ending 26 May 1969 should be corrected to show this badge.

4.  The Combat Action Ribbon is a Department of the Navy award; therefore, this Board does not have authority to award the Combat Action Ribbon.

5.  There are no orders for the Bronze Star Medal with "V" Device in the available records.  Therefore, there is insufficient evidence with which to add the Bronze Star Medal with "V" Device to his DD Form 214.

6.  The applicant's unit (4th Battalion, 23rd Infantry) was cited for the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 26 May 1969 should be corrected to show these unit awards.

7.  The applicant's unit (HHC, 26th Engineer Battalion) was cited for the Navy Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 for the period ending 26 May 1969 should be corrected to show this unit award.



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 adding the Purple Heart, Combat Infantryman Badge, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Navy Meritorious Unit Commendation to his DD Form 214 for the period ending 26 May 1969.

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 the Combat Action Ribbon and the Bronze Star Medal with "V" Device.



      __________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)                                         AR20090021545



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ABCMR Record of Proceedings (cont)                                         AR20090021545



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