BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100007254 


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), dated 2 April 1968, to show award of two Bronze Star Medals (BSM's) and the Purple Heart (2nd Award).

2.  The applicant states he wants his Department of Veterans Affairs medical records to show he is a combat veteran.  He contends he was awarded two BSM's while serving in the Republic of Vietnam (RVN).  He adds he was also awarded two Purple Hearts for wounds received to his left shoulder on two separate occasions.

3.  The applicant provides copies of the following:

* General Orders (GO) Number 17, dated 9 January 1968, for award of the BSM (1st Oak Leaf Cluster)
* a memorandum from I Field Force Vietnam, for transmittal of the BSM (1st Oak Leaf Cluster)
* his DD Form 214, dated 2 April 1968

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's records show he served in the Regular component of the Air Force during the period 14 February 1957 through 13 November 1961.  He later enlisted in the Regular Army and entered active duty on 31 May 1962 for a period of 3 years.  After completion of basic combat and advanced individual training, he was awarded military occupational specialty 313.60 (Artillery Communication Specialist).  His records show he reenlisted in the Army on 24 March 1965 for a period of 3 years.  He was honorably discharged on 2 April 1968.  He had completed 10 years, 7 months, and 4 days of total active service; 11 years, 1 month, and 21 days of total service for pay; and 5 years, 8 months, and 27 days of foreign service.  He had no periods of lost time.

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

* National Defense Service Medal
* Army Good Conduct Medal
* Purple Heart
* RVN Campaign Medal with Device (1960)
* Vietnam Service Medal
* two overseas service bars (Vietnam)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN during the period 10 January 1967 through 9 January 1968.  Item 38 (Record of Assignments) shows he was assigned to Company B, 2nd Battalion, 4th Artillery, 9th Infantry Division, and to Battery B, 7th Battalion, 13th Artillery.

5.  In addition to a copy of GO Number 17 which awards the applicant the BSM (First Oak Leaf Cluster) for meritorious service, his records also contain a copy of GO Number 2018, Headquarters, 9th Infantry Division, dated 28 June 1967, awarding him the BSM for outstanding achievement on 2 May 1967.

6.  A copy of GO Number 119, dated 5 July 1967, Headquarters, 85th Evacuation Hospital (Semimobile) shows the applicant was awarded the Purple Heart (1st Award) for wounds received as a result of hostile action in the RVN on 3 July 1967.

7.  Item 40 (Wounds) of the applicant's DA Form 20 shows he received fragment wounds to his left upper arm on 3 July 1967.  Item 41 (Awards and Decorations) of the same form shows he was awarded the Purple Heart by the authority of GO Number 119, dated 5 July 1967.  No other references are made to a second award of the Purple Heart.

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 orders for the second award of the Purple Heart.

9.  The applicant's name does appear on the Vietnam casualty roster for wounds received on 3 July 1967.

10.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that during the applicant's assignment to the 2nd Battalion, 4th Artillery, 9th Infantry Division and to the 7th Battalion, 13th Artillery, his units were awarded the following awards:

* Meritorious Unit Commendation (9 November 1966–31 December 1968) by Department of the Army GO Number 70, dated 1969
* RVN Gallantry Cross with Palm Unit Citation (1 August 1965–16 April 1971) by Department of the Army GO Number 54, dated 1974
* RVN Civil Actions Honor Medal First Class Unit Citation (19 December 1966–28 June 1969) by Department of the Army GO Number 59, dated 1969

12.  The applicant's DD Form 214 shows that 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.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns and shows that during the applicant's tour of duty in Vietnam he participated in following campaigns:

* Vietnam Counteroffensive Phase II (1July 1966–31 May 1967)
* Vietnam Counteroffensive Phase III (1June 1967–29 January 1968)

13.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected to show award of two BSM's and the Purple Heart (2nd Award) was carefully considered and is partially supported by the evidence.

2.  General orders show the applicant was awarded a BSM for meritorious achievement and a BSM for meritorious service.  Therefore, he is entitled to correction of his records to show the BSM (1st Oak Leaf Cluster).

3.  The applicant's units were cited for award of the Meritorious Unit Commendation, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of service in the RVN which are not shown on his records.  Therefore, he is entitled to correction of his records to show these unit awards.

4.  The applicant was awarded the Vietnam Service Medal.  His records show he participated in two campaigns while serving in the RVN.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal.

5.  There is no evidence of record and the applicant did not provide any evidence to show that he received two separate wounds on two different occasions to his left upper arm and was subsequently awarded a second Purple Heart.  In view of the foregoing, there is no basis for granting the applicant's request for correction of his records to show he received two Purple Hearts.



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.  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 following awards:

* Bronze Star Medal (1st Oak Leaf Cluster)
* Vietnam Service Medal with two bronze service stars
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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 the second award 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)                                         AR20100007254



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)