IN THE CASE OF:	 

		BOARD DATE:	 12 January 2011

		DOCKET NUMBER:  AR20100017763


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 two awards of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states he was in direct contact with the enemy in the Republic of Vietnam (RVN), and he was awarded the CIB, but it is not listed on his 
DD Form 214.  Additionally, he states he was wounded two separate times in the RVN, the first in May or June of 1967 and the second on 18 July 1967.

3.  The applicant provides his DD Form 214 and a Purple Heart award certificate dated 21 July 1967.  

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 record shows he was inducted into the Army of the United States for 2 years on 9 November 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 20 April to 2 September 1967.  While in the RVN he was assigned to Company B, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division as an Infantry Indirect Fire Crewman.

4.  He was honorably released from active duty on 8 November 1968 and he was transferred to the United States Army Reserve Control Group to complete his remaining service obligation.

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

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 Caliber)
* Army Good Conduct Medal

6.  Item 40 (Wounds) of his DA Form 20 shows on 18 July 1967 he received fragmentation wounds to his right leg, right arm, and the right side of his face. 
This item does not list a second injury or wound.

7.  His available medical records do not indicate he sustained a second injury or wound during his service in the RVN. 

8.  There are no official orders in the applicant's records awarding him either the Purple Heart or the CIB.

9.  He provides a Purple Heart award certificate for wounds received in action on 18 July 1967.

10.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.
11.  The Vietnam Casualty List, a compilation of all casualties during the Vietnam War, also does not show the applicant is listed as a casualty.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.  

13.  Army Regulation 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and they must have been present with their qualifying infantry unit and participated actively in such ground combat.  Combat service or campaign credit alone is not sufficient to award the CIB.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for:

* The Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period January 1966 to August 1968, by Department of the Army General Order Number 48, dated 1971
* The Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 January 1966 to 21 January 1970, by Department of the Army General Order Number 51, dated 1971

15.  Army Regulation 600-8-22, 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) 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he should have received two awards of the Purple Heart for wounds incurred on two separate occasions in the RVN has been carefully considered.  While wounds suffered on 18 July 1967 are clearly documented, the same is not true for wounds he claims he suffered in May or June 1967.  His available medical records are also void of any evidence suggesting a second combat-related injury or wound; therefore, the evidence fails to support his eligibility for two awards of the Purple Heart.  

2.  The evidence of record shows he was wounded in the RVN on 18 July 1967.  The evidence suggests those wounds resulted from hostile action with the enemy, and he was treated for those wounds; therefore, he is entitled to one award of the Purple Heart and to have it added to his DD Form 214. 

3.  The CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  It appears, based on the nature of his injuries, he was participating in active ground combat on 18 July 1967, while assigned to a qualifying unit of brigade, regimental, or smaller size and while serving in a qualifying MOS in the RVN.  Therefore, he is entitled to award of the CIB and to have it added to his DD Form 214.

4.  General orders awarded the 2nd Battalion, 27th Infantry Regiment the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period January 1966 to August 1968 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 January 1966 to 21 January 1970; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

5.  Records show he participated in two campaigns during his service in the RVN.  Therefore, he is entitled to correction of his DD Form 214 to show two bronze service stars for wear on his already-awarded Vietnam Service Medal.

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 Purple Heart for wounds received on 18 July 1967 and the CIB, and by amending item 24 of his DD Form 214 by adding:

* Purple Heart
* CIB
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* 2 bronze service stars for wear on his already-awarded Vietnam Service Medal 

2.  The Board further determined 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 correcting the applicant's DD Form 214 to show a 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)                                         AR20100000695



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ABCMR Record of Proceedings (cont)                                         AR20100017763



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