IN THE CASE OF:	  

		BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100015568 


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 (Report of Transfer or Discharge) to show two additional awards of the Purple Heart (a total of three awards and correctly known as the Purple Heart with Second Oak Leaf Cluster) and "Sergeant Badge and Bar."  He also requests, in effect, his DA Form 20 (Enlisted Qualification Record) be amended. 

2.  The applicant states:

* His DD Form 214 shows one award of the Purple Heart
* He was injured three times and he only received two awards of the Purple Heart
* The awards section on his DA Form 20 is missing a third Purple Heart, the Republic of Vietnam Campaign Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* His DD Form 214 and DA Form 20 should both include all his medals and honors

3.  The applicant provides:

* page 4 of his DA Form 20
* general orders for the Purple Heart for wounds received in action on 
17 July 1967
* general orders for the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 21 August 1967


* a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 24 July 1967
* 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 into the Army of the United States on 9 June 1966.  He arrived in Vietnam on 16 January 1967.  He served as a light weapons infantryman assigned to Company A, 3rd Battalion, 39th Infantry, 9th Infantry Division from 21 January 1967 through 5 October 1967.  He was further assigned to Headquarters and Headquarters Company, 9th Supply and Transport Battalion, 9th Infantry Division from 6 October 1967 through 15 January 1968.  On 7 June 1968, the applicant was released from active duty in the temporary rank of sergeant after completing 1 year, 11 months, and 29 days of total active service with no time lost.  

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Vietnam Service Medal, Combat Infantryman Badge, Purple Heart, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and First Class Gunner Badge (Mortar).

4.  General Orders Number 4623, issued by Headquarters, 9th Infantry Division General, dated 13 September 1967, show the applicant received the Purple Heart for wounds received on 17 July 1967.

5.  General Orders Number 4935, issued by the same headquarters, dated 
23 September 1967, show the applicant received the Purple Heart (First Oak Leaf Cluster) for wounds received on 21 August 1967.

6.  There are no orders for a third award of the Purple Heart in the available records.

7.  A DA Form 1049 (Personnel Action), dated 22 September 1967, shows the applicant requested to be reassigned to a non-combat unit for the remainder of his Vietnam tour because he had been wounded twice during his tour in Vietnam. 

8.  In support of his claim for a third award of the Purple Heart, the applicant provided a DA Form 8-275-3, dated 28 July 1967, which shows that on 24 July 1967 he was admitted to 24th Evacuation Hospital in Vietnam.  He was diagnosed with a wound, open, due to fragments to right flank and right buttocks; no nerve or artery involvement.  It further indicated "AI" [accidental injury]:  Patient sustained injuries from a fragmentary grenade, exact details unknown and LD [line of duty]:  Undetermined pending investigation.

9.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence any disciplinary actions or a commander's disqualification for the Army Good Conduct Medal.  His records show he received "excellent" conduct and efficiency ratings throughout his service.

10.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

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

11.  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 applicant's unit (3rd Battalion, 39th Infantry) at the time of his assignment was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by Department of the Army General Orders (DAGO) 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by on DAGO 43, dated 1970

12.  Department of the Army Pamphlet 672-3 shows the applicant's unit
(9th Supply and Transport Battalion), at the time he was assigned, was awarded the:

* Meritorious Unit Commendation for the period 1 January 1967 to
31 December 1967 by DAGO 1, dated 1969 
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 to 30 June 1968 by DAGO 31, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969 by on DAGO 59, dated 1969

13.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information), states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

14.  Army Regulation 600-8-22 provides, in pertinent part, that 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 military 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.

15.  Army Regulation 600-8-22 does not show the "Sergeant Badge and Bar" as an authorized badge/award.

16.  Army Regulation 672-5-1 (Awards), in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal 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.

17.  At the time, Army Regulation 600-200, chapter 9, prescribed instructions for preparing and maintaining the DA Form 20.  In pertinent part, it stated that the chapter was applicable to all enlisted personnel on active duty and all Army Reserve enlisted personnel assigned to U.S. Army Reserve troop program units.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows one award of the Purple Heart.  However, general orders show he received the Purple Heart for wounds received in action on 17 July 1967 and the Purple Heart (First Oak Leaf Cluster) for wounds received in action on 21 August 1967.  Therefore, his DD Form 214 should be corrected to show the Purple Heart with First Oak Leaf Cluster.

2.  Medical evidence of record provided by the applicant shows he was accidentally injured on 24 July 1967 in Vietnam when he sustained injuries from a fragmentary grenade, not as a result of hostile action.  There is no evidence in the applicant's service personnel record or available medical records which shows that he was wounded or injured as a result of hostile action on any other dates than 17 July 1967 and 21 August 1967.  Regrettably, there is insufficient evidence to support a third award of the Purple Heart.

3.  Since Army Regulation 600-8-22 does not show the "Sergeant Badge and Bar" as an authorized badge/award, there is no basis for granting this portion of the applicant's request.

4.  The DA Form 20 was prepared and maintained for Active Army and U.S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, there is no basis for making any changes to his DA Form 20.

5.  The applicant was separated in the temporary rank of sergeant with almost
24 months of creditable active service with no time lost.  The applicant received "excellent" conduct and efficiency ratings throughout his service, there is no record of any disciplinary actions, and no evidence of a commander's disqualification for the Army Good Conduct Medal.  It appears the applicant met the eligibility criteria for the first award of the Army Good Conduct Medal for the period 9 June 1966 through 7 June 1968 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, his DD Form 214 should be corrected to show this award.

6.  The applicant participated in two campaigns during his assignment in Vietnam which entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

7.  The applicant's unit (9th Supply and Transport Battalion) was cited for the Meritorious Unit Commendation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

8.  The applicant's units, 3rd Battalion, 39th Infantry and 9th Supply and Transport Battalion, were each cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to them.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show two awards of this unit award.

9.  The applicant's units, 3rd Battalion, 39th Infantry and 9th Supply and Transport Battalion, were each cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the time he was assigned.  Therefore, his DD Form 214 should be corrected to show these unit awards.

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;

	b.  awarding him the first award of the Army Good Conduct Medal for the period 9 June 1966 through 7 June 1968; and

	c.  adding to item 24 of his DD Form 214 the Purple Heart with First Oak Leaf Cluster, Army Good Conduct Medal, Vietnam Service Medal with two bronze service stars, Meritorious Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards), and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards).

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 correction of his DD Form 214 to show a third award of the Purple Heart and the "Sergeant Badge and Bar."



      ___________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)                                         AR20100015568



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ABCMR Record of Proceedings (cont)                                         AR20100015568



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