IN THE CASE OF:	  

		BOARD DATE:	  25 January 2011

		DOCKET NUMBER:  AR20100019045 


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 reflect:

* two awards of the Purple Heart
* two awards of the Bronze Star Medal (BSM)
* one award of the Army Commendation Medal (ARCOM)
* the addition of the Combat Infantryman Badge (CIB) and the Parachutist Badge
* the addition of the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation
* a change of his rank to sergeant (SGT) as reflected on his Purple Heart Citation, dated 3 June 1968

2.  The applicant states his records do not show he received two awards of the Purple Heart, two awards of the BSM, one award of the ARCOM, his awards of the CIB and the Parachutist Badge, the RVN Gallantry Cross with Palm Unit Citation, and that his rank was SGT.

3.  The applicant provides copies of:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* his orders releasing him from active duty


* General Orders Number 191 issued by the 71st Evacuation Hospital on 3 June 1968 showing the applicant received the second award of the Purple Heart for wounds received on 3 June 1968
* a Purple Heart Citation awarding the applicant the Purple Heart in the rank of sergeant on 3 June 1968 for wounds received on 2 June 1968
* a Purple Heart Citation awarding the applicant the Purple Heart in the rank of specialist four on 23 October 1986 for wounds received on 2 June 1968

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 enlisted in the Regular Army in Milwaukee, Wisconsin, on 8 September 1966 for a period of 3 years under the airborne enlistment option.  He completed basic training at Fort Polk, Louisiana; advanced individual training at Fort Sill, Oklahoma; and airborne training (for which he was awarded the Parachutist Badge by Special Orders Number 45) at Fort Benning, Georgia, before being assigned to Fort Bragg, North Carolina, for duty as a rifleman.

3.  On 28 September 1967, he was transferred to Fort Campbell, Kentucky, for assignment to Company C, 3rd Battalion, 187th Infantry Regiment, as a grenadier.  On 1 December 1967, he was transferred to Vietnam with his unit and was advanced to pay grade E-4 on 18 January 1968.  He was appointed as an acting sergeant on 1 April 1968.

4.  On 2 June 1968, he was slightly wounded when his night defensive perimeter position came under a mortar attack and he sustained fragmentation wounds to the chest.  He was transferred to the 71st Evacuation Hospital for treatment and then to the 106th Field Hospital in Japan and the Irwin Army Hospital at Fort Riley, Kansas.  He had participated in three campaigns.



5.  On 28 July 1968, he was transferred to Fort Ord, California, where he served until 13 June 1969 when he was released from active duty due to seasonal employment.  He completed 2 years, 9 months, and 6 days of total active service and his DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the RVN Campaign Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

6.  A review of the applicant's official records and a review of the Awards and Decorations Computer-Assisted Retrieval System, 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 substantiate that the applicant was wounded twice in Vietnam, that he was awarded two Purple Hearts, two BSM's, one ARCOM, or that he was officially promoted to the rank of SGT.

7.  Army Regulation 600-8-22 (Military Awards) states the 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.  

8.  Army Regulation 600-8-22 states the BSM is awarded in time of war for heroism and for meritorious achievement or service not involving participation in aerial flight in connection with military operations against an armed enemy or while engaged in military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  

9.  Army Regulation 600-8-22 states the ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  

10.  Army Regulation 600-8-22 states that all personal decorations require formal recommendations, approval through the chain of command, and announcement in orders.

11.  Army Regulation 600-8-22 states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or 


assignment for 1 or more days with an organization participating in or directly supporting military operations.  This same regulation states a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.

12.  Army Regulation 600-8-22 states there are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

13.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 shows that the applicant's unit was awarded the Presidential Unit Citation (PUC), the Valorous Unit Award (VUA), the Meritorious Unit Commendation (MUC), the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for wounds received in action against the enemy on 2 June 1968 and he is entitled to have that award added to his records.

2.  He was serving as an infantryman in an infantry unit when he was wounded; therefore, it is reasonable to presume he was in fact awarded the CIB.  Accordingly, this badge should also be added to his DD Form 214 at this time along with the Parachutist Badge he was awarded upon completion of airborne training.

3.  The applicant served in three campaigns in Vietnam and is entitled to wear three bronze service stars on his already-awarded VSM.  Furthermore, his unit was awarded the PUC, the VUA, the MUC, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation.  Accordingly, these awards should be added to his records at this time.

4.  However, the applicant failed to show through the evidence of record and the evidence submitted with his application that he was awarded two awards of the 


BSM (BSM with 1st Oak Leaf Cluster), two awards of the Purple Heart (Purple Heart with 1st Oak Leaf Cluster), and one award of the ARCOM.  While he presented an order and a citation for a Purple Heart, all of the documentation suggests it is for the original award of the Purple Heart and he was serving in an appointed rank of acting SGT, a rank to which he was not officially promoted or paid for.

5.  Accordingly, there appears to be no basis to add awards of the BSM with 1st Oak Leaf Cluster, the Purple Heart with 1st Oak Leaf Cluster, and the ARCOM to his DD Form 214 or to change his rank to SGT on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting from his DD Form 214 the VSM 
* adding to his DD Form 214 the VSM with three bronze service stars, the Purple Heart, the CIB, the PUC, the VUA, the MUC, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation

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 changing his rank to SGT and adding awards of the Purple Heart with 1st Oak Leaf Cluster, the BSM with 1st Oak Leaf Cluster, and the ARCOM to his records.

3.  The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  


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)                                         AR20100019045



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ABCMR Record of Proceedings (cont)                                         AR20100019045



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