BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100000086 


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 award of two Purple Hearts [properly referred to as the Purple Heart with First Oak Leaf Cluster (1OLC)].

2.  He states he received two Purple Hearts in recognition of being wounded twice while serving in the Republic of Vietnam and this recognition should be shown on his DD Form 214.

3.  He provides copies of:

* Headquarters, Americal Division, General Orders Number 3093, dated 7 June 1968
* The reverse sides of two Purple Heart medals

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.  His record shows he was inducted into Army of the United States on 7 September 1967 and held military occupational specialty 11C (Infantryman Indirect Fire Crewman).  The highest rank he attained while serving on active duty was specialist four (SP4)/pay grade E-4.  On 6 June 1969, the he was released from active duty and transferred to U.S. Army Reserve Control Group (Annual Training).

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal with bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Army Commendation Medal
* Combat Infantryman Badge

4.  Headquarters, U.S. Army Training Center, Armor, Fort Knox, Kentucky, Special Orders Number 299, dated 26 October 1967, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14].

5.  Headquarters, U.S. Army School/Training Center and Fort McClellan, Alabama, Special Orders Number 5, dated 5 January 1968, awarded him the Expert Marksmanship Qualification Badge with Mortar Bar [81 MM].

6.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) shows he served a tour of duty in the Republic of Vietnam during the period 25 February 1968 through 11 February 1969;

	b.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in Company A, 4th Battalion of the 31st Infantry Regiment during the period 4 March 1968 through 10 February 1969;

	c.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Good Conduct Medal; and

	d.  Item 40 (Wounds) shows he sustained fragmentation wound(s) to his right leg on 8 May 1968.

7.  Headquarters, Americal Division, General Orders Number 3093, dated 7 June 1968, awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in the Republic of Vietnam on 8 May 1968.

8.  Headquarters, Americal Division, General Orders Number 6777, dated 31 August 1968, awarded him the Army Commendation Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 18 May 1968.

9.  Headquarters, Americal Division, General Orders Number 505, dated 20 January 1969, awarded him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force in the Republic of Vietnam during the period February 1969 to February 1969.

10.  He provides a photocopy of the reverse sides of two Purple Heart medals.

11.  The Vietnam Casualty Roster shows he sustained a wound as the result of hostile fire on 8 May 1968.  There is no evidence in the available records which shows he was wounded again during a different incident.

12.  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 U.S. Army Human Resources Command, failed to reveal any orders awarding him an additional Purple Heart.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a direct 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 military 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.

14.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which are the Purple Heart and the Bronze Star Medal.

15.  Army Regulation 672-5-1 (Awards), in effect at the time, provides that the Good Conduct Medal is awarded to individuals who have completed a qualified period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.

16.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit for achievements during his period of assignment.  

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  During his tour in Vietnam he participated in four campaigns:  the TET Counteroffensive, Vietnam Counteroffensive Phase IV, the Vietnam Counteroffensive Phase V, and the Vietnam Counteroffensive Phase VI.
This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Purple Heart with 1OLC was carefully considered and determined to have partial merit.

2.  Evidence shows he sustained fragmentation wounds to his right leg on 8 May 1968 while serving in the Republic of Vietnam and general orders subsequently awarded him the Purple Heart in recognition of this incident.  Therefore, he is entitled to have his records corrected to show receipt of this award.

3.  There is no evidence in the available records and the applicant has failed to provide sufficient evidence showing he was wounded a second time during a different incident or that his additional wound was treated by medical personnel and made a matter of official record.

4.  In the absence of corroborating evidence that he was wounded or injured as a result of hostile action during another incident, and that his wound was treated by medical personnel and made a matter of official record, there is insufficient evidence upon which to base adding the Purple Heart with 1OLC to his DD Form 214.  This action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms. 

5.  General orders awarded him the Army Commendation Medal with "V" Device and the Army Commendation Medal for service.  Therefore, he is entitled to have his records corrected to show receipt of the Army Commendation Medal with "V" Device and 1OLC.

6.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure in the unit.  Therefore, he is entitled to have his records corrected to show this foreign unit award.

7.  Records show he was awarded the Vietnam Service Medal.  Evidence shows he participated in four campaigns during his service in the Republic of Vietnam.  Therefore, he is eligible for wear of four bronze service stars to be affixed to his Vietnam Service Medal.

8.  Evidence of record shows he completed a period of honorable service during which he received all “excellent” conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Good Conduct Medal.  Therefore, he is entitled to award of the Good Conduct Medal (first award) for the period 7 September 1967 to 6 June 1969 and entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 the applicant the Good Conduct Medal (first award) for the period 7 September 1967 to 6 June 1969;

	b.  deleting the following awards in item 24 of his DD Form 214:

		(1)  the Army Commendation Medal and 

		(2)  the Vietnam Service Medal with bronze service star; and

	c.  adding the following awards to item 24 of his DD Form 214:

		(1)  the Purple Heart;

		(2)  the Army Commendation Medal with "V" Device and 1OLC;

		(3)  the Good Conduct Medal (first award);

		(4)  the Republic of Vietnam Gallantry Cross with Palm Unit Citation; 

		(5)  the Vietnam Service Medal with four bronze service stars;

		(6)  the Expert Marksmanship Qualification Badge with Mortar Bar [81 MM]; and

		(7)  the Sharpshooter Marksmanship Qualification Badge with Rifle Bar [M-14].

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 the Purple Heart with 1OLC.



      _______ _   _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)                                         AR20100000086





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ABCMR Record of Proceedings (cont)                                         AR20100000086



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