IN THE CASE OF:	  

		BOARD DATE:	    9 September 2010

		DOCKET NUMBER:  AR20100008907 


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 the Valorous Unit Award (VUA) and a second Purple Heart (PH) for his actions on 6 May 1969.

2.  The applicant states on 6 May 1969, he received multiple fragment wounds from an exploding grenade and a bayonet wound on his right leg during hand-to-hand combat.  On 7 May 1969, the forward medical unit treated his wounds and he returned to duty.  There is no record of these wounds.

3.  The applicant provided copies of his DD Form 214; DD Form 215 (Correction to DD Form 214); General Orders Number 289, dated 1 February 1970; General Orders Number 9994, dated 19 August 1969; and 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.  On 20 March 1967, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and he was awarded military occupational specialty (MOS) 11E (Armor Crewman).  He was subsequently assigned for duty in Europe and reclassified into MOS 13B (Field Artillery Crewman).

3.  On 5 August 1968, the applicant departed Europe for duty in the Republic of Vietnam (RVN) where he was assigned as a cannoneer to 2nd Battalion,
19th Artillery Regiment, 1st Cavalry Division.

4.  General Orders Number 9994, issued by Headquarters, 1st Air Cavalry Division, dated 19 August 1969, awarded the applicant the PH for wounds received in connection with military operations against a hostile force on
17 August 1969.

5.  On or about 9 December 1969, the applicant departed the RVN en route to the United States.

6.  On 12 December 1969, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He attained the rank/grade of sergeant (SGT)/E-5 having completed 2 years of creditable active service.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214, as corrected by a DD Form 215, lists his awards as the National Defense Service Medal, Vietnam Service Medal, RVN Campaign Medal [with Device (1960)], Bronze Star Medal, Air Medal, Purple Heart, RVN Gallantry Cross with Palm Unit Citation, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

	a.  item 38 (Record of Assignments) he was assigned to:

* Headquarters and Headquarters Service Battery, 2nd Battalion,
19th Artillery, 1st Air Cavalry Division from 18 December 1968 through 25 August 1969


* A Battery of the same battalion from 26 August to 9 December 1969

	b.  item 40 (Wounds) the entry fragment wound left (FW L) back on 17 August 1969; and

	c.  item 41 (Awards and Decorations) the same awards that are already shown on his DD Forms 214 and 215.

9.  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 United States Army Human Resources Command, failed to reveal any orders awarding the applicant the Purple Heart for wounds received on 6 May 1969.

10.  The applicant's name is listed on the Vietnam Casualty Roster for wounds received as a result of hostile action on 17 August 1969.

11.  General Orders Number 289, issued by Headquarters, United States Army Vietnam, dated 1 February 1970, as provided by the applicant, shows A Battery, 2nd Battalion, 19th Artillery, 1st Cavalry Division was cited for award of the VUA for actions on 6 May 1969.

12. Army Regulation 600-8-22 provides for award of the PH to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the United States.  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 contends that his DD Form 214 should be corrected to show award of the VUA and a second PH for his actions on 6 May 1969.

2.  The general orders submitted by the applicant clearly show that A Battery, 2nd Battalion, 19th Artillery Regiment was awarded the VUA for actions on 6 May 1969.  Unfortunately, the available records show that on this day, the applicant was assigned to Headquarters and Headquarters Service Battery of the same battalion.  Therefore, he is not entitled to correction of his DD Form 214 to show this unit award.

3.  The Vietnam Casualty Roster confirms the applicant was wounded in action on 17 August 1969 for which he was awarded the PH by General Orders Number 9994, dated 19 August 1969.  However, there is no available evidence showing the applicant was wounded as a result of hostile action on 6 May 1969, or that he received medical treatment for any such wounds.  Therefore, he is not entitled to an additional award of the PH.

4.  In view of the above, the applicant's request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20100008907



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ABCMR Record of Proceedings (cont)                                         AR20100008907



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