IN THE CASE OF:	  

		BOARD DATE:	  7 December 2010

		DOCKET NUMBER:  AR20100013460 


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 records be corrected to show award of four Purple Hearts.

2.  The applicant states he served in Vietnam three times and he was wounded in combat on four separate occasions:  September 1965, March 1966, March 1967, and August 1967.

3.  The applicant provides a statement detailing his wounds, an annotated page from his DA Form 20 (Enlisted Qualification Record), two sets of orders awarding him the Purple Heart, a letter addressed to "Whom It May Concern," and three Officer Efficiency Reports (OERs) from his former company commander.

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 service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

3.  The applicant enlisted in the Army National Guard on 7 October 1963 and he served on initial active duty for training from 13 October 1963 through 12 April 1964.  He was awarded military occupational specialty 111.0 (Light Weapons Infantryman).  

4.  The applicant enlisted in the Regular Army on 22 April 1964 and reenlisted on 31 July 1966.  His service number is shown as RAxxxx1422.

5.  Headquarters, 1st Brigade, 101st Airborne Division, General Orders Number 463, dated 12 March 1967, awarded the applicant the Purple Heart for wounds received on 1 March 1967.  The service number is listed as RAxxxx1422.

6.  2nd Surgical Hospital (Mobile Army), General Orders Number 67, dated 17 August 1967, awarded the applicant the Purple Heart for wounds received on 16 August 1967.  The applicant's service number is listed as RAxxxx8037.

7.  The applicant was honorably discharged on 13 October 1969.  Item 2 (Service Number) of his DD Form 214 (Armed Forces of the United Stated Report of Transfer or Discharge) shows his service number as RAxxxx1422.  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
* Republic of Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  The applicant's DA Form 20, block 40 (Wounds), shows he received shrapnel wounds to his left knee on 1 March 1967 and a gunshot wound to his left arm on 16 August 1967.  Item 41 (Awards and Decorations) lists his awards as the:

* Parachutist Badge
* Combat Infantryman Badge
* Vietnam Service Medal
* National Defense Service Medal
* 
Republic of Vietnam Campaign Medal with Device (1960)
* Purple Heart (1st award)
* Sharpshooter Marksmanship Qualification Badge (Rifle M-14)

9.  His DA Form 20 lists his service in Vietnam as follows:

* Company C, 2nd Battalion (Bn), 503rd Infantry Regiment from 27 August through 14 September 1964
* Headquarters and Headquarters Company, 2nd Bn, 503rd Infantry Regiment from 15 September 1964 through 2 June 1965 
* Headquarters and Headquarters Company, 1st Bn, 503rd Infantry Regiment from 3 June through 3 December 1965
* 1st Brigade, 101st Airborne Division with attachment to:
* U.S. Army Reception Station from 20 September through 1 November 1966
* 615th Military Police (MP) Company from 2 November through 9 December 1966
* Company C, 716th MP Bn from 10 December 1966 through 1 February 1967
* Company A, 2nd Bn, 327th Infantry Regiment, from 2 February through 22 August 1967

10.  The applicant was medically evacuated from Vietnam on 23 August 1967, first to the 106th General Hospital, Japan and then to Great Lakes Naval Hospital, IL.  He returned to full duty on 17 January 1968, assigned to Fort Bragg, NC.

11.  The Vietnam casualty roster shows two entries for combat wounds received by the applicant, 1 March and 16 August 1967.  Both entries are under the service number of RAxxxx1422.

12.  The applicant's former company commander provided copies of three of his OER's to show his position was consistent with the assignment of the applicant at the time the applicant received his wounds in 1967.  A letter addressed "To Whom It May Concern" shows there was only one person with the applicant's name in the unit during that period and that any differences in the service number was a clerical error.

13.  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 that while the applicant was assigned to the following units, they were cited for unit awards indicated below:

	a.  503rd Infantry Regiment:

* Presidential Unit Citation (8 November 1965 by Department of the Army General Order (DAGO) 40, dated 1966)
* Meritorious Unit Commendation (5 May 65 - 4 May 67, by DAGO 48, dated 1968)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (5 May 1965 - 26 September 1970, by DAGO 51, dated 1971);

	b.  615th MP Company:

* Meritorious Unit Commendation (March - December 1966, by DAGO 17, dated 1968, while unit was attached to 716th MP Bn)
* Meritorious Unit Commendation (19 October 1966 - 31 May 1967, by DAGO 17, dated 1968, while unit was attached to 720th MP Bn)

	c.  716th MP Battalion:

* Meritorious Unit Commendation (March - December 1966, by DAGO 17, dated 1968)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (17 April 1965 - 18 April 1968, by DAGO 31, dated 1969)

14.  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 for any awards pertaining to the applicant.

15.  Army Regulation 600-8-22 (Military Awards) provides the following direction:

	a.  Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  a bronze service star is authorized, based on qualifying service, for each designated campaign listed in Appendix B of the regulation and states that authorized service stars will be worn on the appropriate campaign or service medal.  The regulation also lists the designated campaign periods for which a 

bronze service star is authorized for wear on the Vietnam Service Medal.  One silver service star is worn in lieu of five bronze service stars.  Based on the applicant's dates of service in Vietnam, Appendix B indicates he participated during the following five campaign periods:

* Vietnam Defense Campaign (8 March 1965 - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* Tet Counteroffensive (30 January 1968 - 1 April 1968)

	c.  an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart and the Meritorious Unit Commendation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Vietnam three times and was wounded in combat on four separate occasions; September 1965, March 1966, March 1967, and August 1967.

2.  The record contains no documentation to support the applicant's contention that he received wounds as a result of hostile action in September 1965 or 
March 1966.  Without a record of treatment for a wound sustained as the result of enemy action entitlement to the Purple Heart cannot be established for these dates.

3.  The record contains copies of orders awarding the applicant the Purple Heart for wounds sustained on two occasions, 1 March 1967 and 16 August 1967.  The orders, the statement from the applicant's former company commander, and the entries on the Vietnam casualty roster clearly show the applicant was wounded twice in 1967; however, his records show only one award.  Therefore, it is appropriate to correct his DD Form 214 to show award of a second Purple Heart.

4.  The applicant served in Vietnam during five campaign periods.  Therefore, he is entitled to one silver service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 accordingly.

5.  In addition to the awards listed on his DD Form 214, the applicant is also entitled to award of the Presidential Unit Citation, Meritorious Unit Commendation with three Oak Leaf Clusters, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
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:

	a.  deleting from item 24 of his DD Form 214 the Purple Heart and the Vietnam Service Medal; and

	b.  adding to item 24 of his DD Form 214 the Purple Heart with one Oak Leaf Cluster, Vietnam Service Medal with one silver service star, Presidential Unit Citation, Meritorious Unit Commendation with three Oak Leaf Clusters, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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 award of two additional Purple Hearts.



      ___________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)                                         AR20100013460



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ABCMR Record of Proceedings (cont)                                         AR20100013460



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