IN THE CASE OF:	  

		BOARD DATE:	    16 September 2010

		DOCKET NUMBER:  AR20100019648 


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 records to show award of the Purple Heart and the Bronze Star Medal with "V" Device.

2.  The applicant states he was wounded in action in Vietnam on 10 July 1968, but he was never awarded the Purple Heart.  He also states that general orders awarded him the Bronze Star Medal with "V" Device for his actions on
18 January 1968, but the "V" Device is not recorded on his separation document.

3.  The applicant provides copies of a medical record, two witness statements, and general orders.

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 for a period of 2 years on 19 September 1967.  Upon completion of training he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

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

	a.  item 29 (Qualification in Arms) he qualified Sharpshooter with the M-14 rifle on 27 October 1967, 1st Class Gunner [Sharpshooter] with the M-60 machinegun on 17 January 1968, and Marksman with the M-16 rifle on
12 January 1968;

	b.  item 31 (Foreign Service) that he served in the Republic of Vietnam from 21 March 1968 through 19 March 1969;

	c.  item 38 (Record of Assignments) that he served in duty MOS 11B while assigned to Company A, 2nd Battalion (Airborne), 505th Infantry, from 3 April 1968 through 14 March 1969;
	
	d.  item 39 (Campaigns) that he served in the Republic of Vietnam during the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V campaigns;

	e.  item 40 (Wounds) that it is blank; and

   f.  item 41 (Awards and Decorations) the National Defense Service Medal, Combat Infantryman Badge, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal with "V" Device (1st Oak Leaf Cluster), Bronze Star Medal, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.
   
4.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 350, dated 14 December 1968, awarded the applicant the Bronze Star Medal for meritorious service in military operations against a hostile force in the Republic of Vietnam from 9 April through 9 December 1968.

5.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 486, dated 2 April 1969, awarded the applicant the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam on 18 January 1969.

6.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he was honorably released from active duty on
18 September 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation:

	a.  At the time he had completed 2 years of net active service and 11 months and 28 days of foreign service.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, "CIV" [Combat Infantryman Badge], Vietnam Service Medal, Republic of Vietnam Campaign Medal, "ARCOM w/DEV" [Army Commendation Medal with "V" Device], "ARCOM (1st OLC)" [Army Commendation Medal with 1st Oak Leaf Cluster], "BS" [Bronze Star Medal], Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with (M-14) Rifle Bar.
   
7.  There is no evidence in the applicant's military personnel records that shows he was wounded or treated for wounds as a result of hostile action.  In addition, there are no orders or other evidence that he was awarded the Purple Heart.

8.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, confirmed the applicant's name is not on the roster.

9.  A search of the U.S. Army Human Resources Command, Awards and Decorations Computer Assisted Retrieval System for the Vietnam Conflict failed to produce orders showing the applicant was awarded the Purple Heart.

10.  In support of his application, the applicant provides the following documents:

   a.  A Standard Form 600 (Chronological Record of Medical Care) that shows the applicant was evacuated from the field and treated at the Battalion Aid Station, 2nd Battalion, 505th Infantry, for a laceration of his right hand.  [The applicant notes that the document should show that it was actually his left hand].

   b.  An email message from Carl H. B-----, dated 5 August 2010, states he was the radio telephone operator (RTO) who monitored the company frequency for the Commander, Company A, 2nd Battalion (Airborne), 505th Infantry,
3rd Brigade, 82nd Airborne Division.  He adds the applicant was the RTO who monitored the battalion frequency.  On 10 July 1968, he recalls that the unit was mortared by the enemy and the applicant was wounded in his left hand by shrapnel.  He states the applicant was treated by a medic in the field, he radioed for the applicant's medical evacuation, and the applicant was airlifted out by helicopter.


   c.  A letter from Lieutenant Colonel John K------------, U.S. Army (Retired), dated 12 August 2010, the former Commander, Company A, 2nd Battalion (Airborne), 505th Infantry, 82nd Airborne Division states the applicant was his RTO and during the late afternoon on 10 July 1968, the unit received heavy enemy mortar and rocket fire.  He was coordinating artillery and air strikes and the applicant was assisting him.  During the battle, the applicant sustained a wound to his left hand from enemy shrapnel, he was attended to by the company medic, and then treated at the battalion aid station.  He adds the applicant returned to duty as his RTO and through no fault of the applicant no report of his combat wound was filed.

11.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his separation document and also confirms the awards that are not correctly recorded on this DD Form 214.

12.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 026, paragraph 128, dated 30 January 1968, awarded the applicant the Marksman Marksmanship Qualification Badge with
(M-16) Rifle Bar.

13.  Headquarters, U.S. Army Training Center, Infantry and Fort Polk, Fort Polk, LA, Special Orders Number 026, paragraph 130, dated 30 January 1968, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar.

14.  Headquarters, 3rd Brigade, 82nd Airborne Division, Special Orders Number 123, dated 18 July 1968, awarded the applicant the Combat Infantryman Badge.

15.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 58, dated 28 October 1968, awarded the applicant the Army Commendation Medal with "V" Device for heroism in the Republic of Vietnam on 29 August 1968.

16.  Headquarters, 3rd Brigade, 82nd Airborne Division, General Orders Number 132, dated 12 November 1968, awarded the applicant Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service in the Republic of Vietnam from 11 June through 11 November 1968.

17.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show he was awarded any bronze service stars to signify campaign participation credit:

	a.  Paragraph 2-13 of Army Regulation 600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states that one bronze service star is authorized with this service medal for each Vietnam campaign a member is credited with participating in.  One (1) silver service star is authorized with this service medal in lieu of five (5) bronze service stars.

	b.  Table B-1 contains a list of Vietnam Conflict campaigns and it shows that during the applicant's tour in Vietnam he participated in the following campaigns:

* Tet Counteroffensive (30 January - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows that at the time of the applicant's assignment to Company A, 2nd Battalion (Airborne), 505th Infantry, the battalion was awarded the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 43 (1970); and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48 (1971).

19.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  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 medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was awarded the Purple Heart and Bronze Star Medal with "V" Device.

2.  There is no evidence in the applicant's military personnel records that he was wounded in action or that he was awarded the Purple Heart.  However, the applicant provides a medical record that shows he was treated for a laceration of his hand on 10 July 1968.  In addition, the former company commander and former RTO of the unit, both of whom were present at the time, attest to the circumstances surrounding the incident and the fact that the applicant was wounded in action in Vietnam on 10 July 1968.  Thus, it is concluded that the evidence supports award of the Purple Heart to the applicant in this case.  
   
3.  Two separate general orders awarded the applicant the Bronze Star Medal with "V" Device and Bronze Star Medal (1st Oak Leaf Cluster).  However, the awards are not correctly recorded on his separation document.

4.  Two separate general orders awarded the applicant the Army Commendation Medal with "V" Device and Army Commendation Medal (1st Oak Leaf Cluster).  However, the awards are not correctly recorded on his separation document.

5.  The applicant qualified for award of the Vietnam Service Medal and he served in five campaigns during his service in Vietnam.  Thus, he is entitled to 1 silver service star to be affixed to his Vietnam Service Medal.

6.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Thus, he is entitled to correction of his records to show these two foreign unit awards.

7.  Special orders awarded the applicant the Combat Infantryman Badge. However, this badge is not correctly recorded on his separation document.

8.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with (M-60) Machinegun Bar and Marksman Marksmanship Qualification Badge with (M-16) Rifle Bar.  Thus, he is entitled to correction of his records to show these two badges.

9.  In view of the foregoing, it would be appropriate to correct his records to show all of his authorized awards and decorations, as outlined above.

BOARD VOTE:

__X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 10 July 1968;

	b.  deleting from item 24 of his DD Form 214 the entries "CIV," "ARCOM w/DEV," "ARCOM (1st OLC)," and "BS," and

	c.  adding to item 24 of his DD Form 214 the Bronze Star Medal with "V" Device (1st Oak Leaf Cluster), Purple Heart, Army Commendation Medal with "V" Device (1st Oak Leaf Cluster), Vietnam Service Medal with one silver service star, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, Combat 
Infantryman Badge, Sharpshooter Marksmanship Qualification Badge with
(M-60) Machinegun Bar, and Marksman Marksmanship Qualification Badge with (M-16) Rifle 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)                                         AR20100019648



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ABCMR Record of Proceedings (cont)                                         AR20100019648



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