IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100007661 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect three awards of the Purple Heart and the Bronze Star Medal (BSM).  He also requests to be provided a copy of his BSM citation.

2.  The applicant states that his award of the BSM and three awards of the Purple Heart are not reflected on his DD Form 214.  He also states that he desires to be provided with the citation for his BSM.

3.  The applicant provides a copy of his DD Form 214.

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 in Jacksonville, Florida, on 26 April 1968.  He completed his basic training at Fort Benning, Georgia, and his advanced individual training as a helicopter repairman at Fort Eustis, Virginia, before being transferred to Vietnam on 4 December 1968.

3.  He was assigned to Headquarters and Headquarters Company, 1st Brigade, 101st Airborne Division, and was advanced to specialist four/pay grade E-4 on 28 February 1969.

4.  On 18 May 1969, the applicant was involved in a mortar attack at Tam Ky, Republic of South Vietnam, and sustained fragment wounds to the left ankle.  He was treated at the 27th Surgical Hospital in Chu Li and was subsequently transferred to the 95th Evacuation Hospital in Da Nang.  On 19 May 1969, General Orders Number 104 issued by the 95th Evacuation Hospital awarded the applicant the Purple Heart for wounds received in action in Vietnam on 18 May 1969.

5.  On 11 June 1969, General Orders Number 6606 issued by Headquarters, 101st Airborne Division, awarded the applicant the Purple Heart for wounds received in action in Vietnam on 18 May 1969.

6.  On 5 August 1969, the applicant was wounded in action during a firefight near Tam Ky when he received multiple gunshot wounds to his right ankle and resulted in an amputation below the knee.  He was treated at the 27th Surgical Hospital and then was evacuated to the 106th General Hospital in Japan where he remained until he was transferred to Walter Reed General Hospital in Washington, DC, on 19 September 1969.

7.  On 6 August 1969, General Orders Number 172 issued by the 27th Surgical Hospital awarded the applicant the Purple Heart for wounds received in action in Vietnam on 5 August 1969.

8.  On 19 August 1969, General Orders Number 10788 issued by Headquarters, 101st Airborne Division, awarded the applicant the Purple Heart with First Oak Leaf Cluster for wounds received in action in Vietnam on 5 August 1969.

9.  On 30 August 1969, General Orders Number 11447 issued by Headquarters, 101st Airborne Division, awarded the applicant the BSM for meritorious service in connection with ground operations against a hostile force during the period 1 January 1969 to 31 August 1969.  There is no copy of the certificate or citation contained in the official records.  However, there is a transmittal letter contained in his records that reflects that certificates and citations for awards of the BSM and the Army Commendation Medal were forwarded to the applicant's address at 207 East F Street on 23 April 1971.

10.  On 9 December 1969, the applicant was placed on the Temporary Disability Retired List with a 50-percent disability rating.  His DD Form 214 issued at the time of his retirement reflects that he was awarded the Air Medal with "V" Device and oak leaf cluster, the Army Commendation Medal, the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal (VSM), the Republic of Vietnam (RVN) Campaign Medal with Device (1960) and his marksmanship badges.  He had served 1 year, 7 months, and 14 days of total active service.

11.  The applicant was retired by reason of permanent disability on 1 March 1972 with a 50-percent disability rating.

12.  A review of the Vietnam casualty listing shows two entries for the applicant reflecting his wounds on 18 May 1969 and 5 August 1969.  This information coincides with his official records.

13.  A review of the applicant's official records shows he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that could serve to disqualify him for award of the Army Good Conduct Medal (AGCM).

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time of the applicant's active duty service, provided policy and criteria concerning individual military decorations.  It stated that the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 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.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service except that a service school efficiency rating based upon academic proficiency of at least "good" rendered subsequent to 11 November 1956 was not disqualifying.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to Vietnam, his unit was awarded the RVN Gallantry Gross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation.  Additionally, he participated in three campaigns while in Vietnam and is authorized to wear three bronze service stars on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded three Purple Hearts has been noted and while the sincerity of his claim is not in doubt, the evidence of record only documents two awards.  Therefore, in the absence of evidence to show a third award or entitlement to a third award, his records can only be corrected to show two awards of the Purple Heart (Purple Heart with one oak leaf cluster).

2.  The applicant was awarded the BSM and the orders awarding him the BSM are contained in his official records.  However, the certificate and citation are not contained in those records.  Accordingly, his award of the BSM should be added to his DD Form 214 at this time.  However, it is not possible to provide him with a copy of the citation as it is not available.

3.  After carefully examining the applicant's record of service, it appears the applicant should have received the AGCM for his service from 26 April 1968 through 9 December 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant's unit commander to disqualify him from receiving the award.

4.  Additionally, the applicant is entitled to awards of the RVN Gallantry Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation, and three bronze service stars for wear on his already-awarded VSM.

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 awarding him the AGCM for his service from 26 April 1968 through 9 December 1969 while serving in the rank of specialist four
* by deleting the entries from block 24 of his DD Form 214 that pertain to awards of the Purple Heart and the VSM
* by adding the entries BSM, Purple Heart with First Oak Leaf Cluster, VSM with three bronze service stars, RVN Gallantry Cross with Palm Unit Citation, and RVN Civil Actions Honor Medal First Class Unit Citation to block 24 of his DD Form 214

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 awarding him a third award of the Purple Heart and providing him a copy of his BSM citation.

3.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably proud of his service in arms.



      ____________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)                                         AR20100007661



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ABCMR Record of Proceedings (cont)                                         AR20100007661



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