IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100000964 


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 a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster) and Valorous Unit Award.

2.  The applicant states:

* The second award of the Purple Heart was never awarded due to a clerical error
* The Valorous Unit Award was unknown to him and never assigned
* Medical documents clearly show he was wounded on two separate dates
* He was wounded in his right leg on 13 May 1970 and awarded the Purple Heart
* He was also wounded in his left lower leg
* His unit was awarded the Valorous Unit Award for its part in the invasion of Cambodia

3.  The applicant provides:

* DD Form 214 (Report of Transfer or Discharge)
* DD Form 215 (Correction to DD Form 214)
* Three service medical records
* Orders and award certificate for the Purple Heart for wounds received in action on 13 May 1970
* Orders for the Valorous Unit Award (Department of the Army General Orders (DAGO) 43, dated 1972)
* Page 3 of his DA Form 20 (Enlisted Qualification Record)   
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 9 May 1969.  He served as a light weapons infantryman assigned to Company C, 5th Battalion, 12th Infantry of the 199th Infantry Brigade in Vietnam from 20 October 1969 through 6 September 1970.  On 7 May 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, Combat Infantryman Badge, Army Commendation Medal with Second Oak Leaf Cluster, two awards of the Overseas Service Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) as authorized awards.

4.  Headquarters, 199th Infantry Brigade (Separate) (Light) General Orders Number 881, dated 22 May 1970, show the applicant received the Purple Heart for wounds received in action on 13 May 1970. 

5.  There are no orders in the available records which show the applicant received a second award of the Purple Heart.  However, a service medical record, dated 23 May 1970, shows the applicant sustained a fragment wound of his left lower leg.  This medical record shows the entry "IRHA" [incurred as a result of hostile action].  

6.  Headquarters, 197th Infantry Brigade General Orders Number 92, dated 
9 April 1971, show the applicant received the first award of the Good Conduct Medal for the period 9 May 1969 to 7 May 1971.
7.  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 document shows the 5th Battalion, 12th Infantry was awarded the Valorous Unit Award for actions during the period 1 May 1970 to 29 June 1970 based on DAGO Number 43, dated 1972.

8.  Department of the Army Pamphlet 672-3 shows the 5th Battalion, 12th Infantry was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 51, dated 1971.  

9.  Department of the Army Pamphlet 672-3 also shows the 5th Battalion, 
12th Infantry was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on DAGO Number 51, dated 1971.

10.  A DD Form 215, dated 18 June 2008, amended the applicant's DD Form 214 by adding the Air Medal.

11.  Army Regulation 600-8-22 (Military Awards) states 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.  The regulation also states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Purple Heart for wounds received in action on 13 May 1970 and his DD Form 214 shows one award of the Purple Heart.  However, medical evidence of record shows he sustained a fragment wound to his left leg on 23 May 1970 as a result of hostile action in Vietnam.  Therefore, the service medical record is accepted as sufficient evidence on which to base a second award of the Purple Heart.  In addition, his DD Form 214 should be corrected to show the Purple Heart with First Oak Leaf Cluster.

2.  The applicant's unit was cited for award of the Valorous Unit Award, 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 should be corrected to show these unit awards.

3.  Orders show the applicant received the first award of the Good Conduct Medal.  Therefore, his DD Form 214 should be corrected to show this medal  
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.  awarding him the Purple Heart with First Oak Leaf Cluster for wounds received in action on 23 May 1970 in Vietnam; 

	b.  deleting the entry "Purple Heart" in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 and replacing it with Purple Heart with First Oak Leaf Cluster; and 

 	c.  adding the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Good Conduct Medal to item 24 on his DD Form 214.



      ___________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)                                         AR20100000964





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ABCMR Record of Proceedings (cont)                                         AR20100000964



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