IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020645 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Purple Heart (1st Oak Leaf Cluster), Air Medal, Bronze Star Medal, and any other awards he may be authorized.

2. The applicant states he was awarded the decorations and he has the original certificates and citations; however, the awards are not recorded on his
DD Form 214.

3.  The applicant provides copies of four award certificates and two citations, and his DD Form 214 in support of his application.

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 and entered active duty in the U.S. Army on
18 June 1968.  Upon completion of training he was awarded military occupational specialty 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 21 July 1968 and Expert with the M-16 Rifle on 13 August 1968;

	b.  item 31 (Foreign Service) he was assigned overseas for service in Vietnam on 16 November 1968;

	c.  item 38 (Record of Assignments) he was assigned to:

       (1)  Company C, 1st Battalion, 501st Infantry, from 2 December 1968 through 20 June 1969;

       (2)  as a patient in the 249th General Hospital (Japan), from 21 June through 3 July 1969; and

       (3)  as a patient in the Medical Holding Company, Ireland Army Hospital, Fort Knox, KY, from 4 July through 24 August 1969;

	d.  item 39 (Campaigns) the Vietnam Counteroffensive Phase VI and Tet Counteroffensive 1969 campaigns;

   e.  item 40 (Wounds) that he sustained a fragment wound to his back on
9 June 1969; and

	f.  item 41 (Awards and Decorations) the National Defense Service Medal, Sharpshooter Marksmanship Qualification Badge with [M-14] Rifle Bar (per Headquarters, Fort Leonard Wood, MO, Special Orders Number 215, dated
29 July 1968), Expert Marksmanship Qualification Badge with [M-16] Rifle Bar (per Headquarters, Fort Leonard Wood, MO, Special Orders Number 228, dated
15 August 1968), Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, and Army Good Conduct Medal (1st Award).

4.  Headquarters, 101st Airborne Division, General Orders Number 7264, dated 19 June 1969, awarded the applicant the Purple Heart for wounds received in action in the Republic of Vietnam on 9 June 1969.

5.  Headquarters, 101st Airborne Division, General Orders Number 10429, dated 11 August 1969, awarded the applicant the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam on
29 April 1969.

6.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 10687, dated 18 August 1969, awarded the applicant the Bronze Star Medal for meritorious service against a hostile force in the Republic of Vietnam from
1 December 1968 to 31 July 1969.

7.  A DD Form 214 shows the applicant was honorably released from active duty on 17 June 1970 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.

   b.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, Vietnam Service Medal, Combat Infantryman Badge, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, Army Good Conduct Medal (1st Award), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

8.  A review of the Vietnam Casualty Roster shows the applicant's name is listed once as a casualty on 9 June 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

9.  There are no orders or other evidence in the applicant's military personnel records that shows the applicant was awarded a second award of the Purple Heart.

10.  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 additional individual awards or decorations to the applicant.

11.  The applicant's DD Form 214 shows he was awarded the Vietnam Service Medal, but it does not show that 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.

	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:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet Counteroffensive 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

12.  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.  This pamphlet shows that at the time of the applicant's assignment to Company C, 1st Battalion, 501st 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).

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

   a.  A Purple Heart certificate that shows the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 9 June 1969.  The certificate was issued by the Commander, 312th Evacuation Hospital (Surgical Mobile), on 11 June 1969.

   b.  A Purple Heart certificate that shows the applicant was awarded the Purple Heart for wounds received in action in the Republic of Vietnam on 9 June 1969.  The certificate was issued by the Commander, 101st Airborne Division, on 19 June 1969.

   c.  An Air Medal certificate and citation that show the applicant was awarded the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam on 29 April 1969.
   d.  A Bronze Star Medal certificate and citation that show the applicant was awarded the Bronze Star Medal for meritorious service in ground operations against a hostile force in the Republic of Vietnam during the period
1 December 1968 to 31 July 1969.

14.  Army Regulation 600-8-22 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.  An oak leaf cluster is authorized for wear for each additional award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show award of the Purple Heart (1st Oak Leaf Cluster), Air Medal, and Bronze Star Medal based on the award certificates and citations he provides, along with any other awards he may be authorized. 

2.  The applicant's claim to two awards of the Purple Heart was carefully considered.

   a.  Records show the applicant was wounded in action in the Republic of Vietnam on 9 June 1969 and that general orders announced the award.  Thus, he is entitled to correction of his records to show the Purple Heart.

   b.  The two Purple Heart certificates the applicant provides were issued to the applicant for wounds received in action on 9 June 1969; one by the commander of the evacuation hospital where the applicant received medical treatment for his wound and the other by the commander of his unit.  Thus, the two certificates document the same incident for which general orders were issued awarding the applicant the Purple Heart for wounds received in action on 9 June 1969.

   c.  There is no evidence, and the applicant provides insufficient evidence, to show he was wounded in action in the Republic of Vietnam on a second occasion.  Therefore, in view of the foregoing, there is insufficient evidence to support the applicant's claim to the Purple Heart (1st Oak Leaf Cluster).

3.  The evidence of record shows:

   a.  general orders awarded the applicant the Bronze Star Medal and Air Medal;
   b.  the applicant qualified for award of the Vietnam Service Medal and he served in three campaigns during his service in Vietnam, entitling him to three bronze service star for wear on his already-awarded Vietnam Service Medal;

   c.  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; and

   d.  special orders awarded the applicant the Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.

4.  In view of the foregoing, it would be appropriate to correct the applicant's records to show all of his authorized awards and decorations, as recommended below.

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 Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the Bronze Star Medal, Purple Heart, Air Medal, Vietnam Service Medal with three bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Expert Marksmanship Qualification Badge with (M-16) Rifle Bar.


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 to the Purple Heart (1st Oak Leaf Cluster).




      _______ _   __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)                                         AR20100020645



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ABCMR Record of Proceedings (cont)                                         AR20100020645



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