IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100019795 


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 two awards of the Purple Heart (PH) and his award of the Bronze Star Medal (BSM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he received his first PH when he was shot in the foot while on guard duty on bridge number 4 and his second PH on 25 September 1970.  He further states that his awards of the PH and his award of the BSM were left off of his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a copy of his PH Certificate for wounds received on 25 September 1970.

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 in Montgomery, Alabama, on 3 September 1969.  He completed basic training at Fort Benning, Georgia; advanced individual training as a light weapons infantryman at Fort Polk, Louisiana; and airborne training at Fort Benning before being transferred to Vietnam on 16 March 1970.

3.  He was assigned to Company A, 1st Battalion, 503rd Infantry Regiment, 173rd Airborne Brigade, for duty as a rifleman and grenadier.  He was advanced to pay grade E-4 on 30 August 1970.

4.  His records show he participated in three campaigns and was wounded on 25 September 1970 (fragmentation wounds to the back and left arm).  He was evacuated to a hospital at Camp Zama, Japan, and further evacuated to Walter Reed Army Medical Center (WRAMC), Washington, DC.

5.  On 1 September 1971, he was honorably released from active duty (REFRAD) at WRAMC and was transferred to the U.S. Army Reserve Control Group (Annual Training).  He completed 1 year, 11 months, and 29 days of total active service and his DD Form 214 issued at the time of his REFRAD reflects that he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal (VSM), the Vietnam Campaign Medal, the Combat Infantryman Badge, and the Parachutist Badge.

6.  General Orders Number 275 issued by Headquarters, 173rd Airborne Brigade, on 9 February 1971 awarded the applicant the PH for wounds received on 17 September 1970.

7.  A review of the applicant's records shows he was wounded on 25 September 1970, which coincides with the PH Certificate provided by the applicant.

8.  A review of the Vietnam casualty listing shows the applicant was wounded on 25 September 1970 and it was reported on 27 September 1970.

9.  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 reveal any orders for the BSM or a second award of the PH (specifically, the PH for 25 September 1970).

10.  Army Regulation 600-8-22 (Military Awards) provides that the PH is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

11.  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 n military operations involving conflict with an opposing armed force in which the United States is not a belligerent party.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

12.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service medal, to include the Vietnam Service Medal, for each credited campaign participation.

13.  Department of the 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 Soldiers for campaign participation credit, assault landing credit, and unit citation badges 
awarded during the Vietnam Conflict.  It shows that the applicant's unit was awarded the Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during the period the applicant was assigned to the unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded two awards of the PH (PH with one oak leaf cluster (1OLC)) has been noted and appears to have merit.  While the applicant's records only contain orders for the PH for wounds received on 17 September 1970, he provided a PH Certificate showing he was awarded the PH for wounds received on 25 September 1970.

2.  The applicant's records confirm he was wounded on 25 September 1970 and that he was medically evacuated for that wound.  Accordingly, it is reasonable to presume in the absence of orders that he was, in fact, awarded the PH with 1OLC and it would be appropriate to add these awards to his DD Form 214.

3.  The applicant's contention that his award of the BSM should be added to his records has also been noted; however, he failed to show through the evidence submitted and the evidence of record that he was, in fact, awarded the BSM.

4.  Therefore, in the absence of orders to show he was awarded the BSM, there appears to be no basis to add that award at this time.
5.  However, the evidence of record does show the applicant participated in three campaigns while in Vietnam and is entitled to three bronze service stars for wear on his already-awarded VSM.

6.  Additionally, his unit was subsequently awarded the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Therefore, he is entitled to have these awards added to his records.

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 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:

* deleting award of the VSM from his DD Form 214
* adding awards of the PH with 1OLC, the VSM with three bronze service stars, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

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 adding the award of the BSM to his DD Form 214.



      _______ _  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)                                         AR20100019795



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ABCMR Record of Proceedings (cont)                                         AR20100019795



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