BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100021007 


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 of Discharge) for the period ending 6 July 1971 to show a third award of the Purple Heart, Valorous Unit Award (VUA), and Presidential Unit Citation (PUC).

2.  The applicant states:

* he has three orders for the Purple Heart for wounds received in action on 9 June 1969, 11 July 1969, and 11 July 1969
* on 9 June 1969 he was hit with shrapnel
* on 11 July 1969 he was shot in the left shoulder by an AK-47 rifle during a firefight and 4 hours later he was hit in the left ear with shrapnel from a rocket-propelled grenade
* he informed the doctor of the two separate incidents and the doctor treated his ear and shoulder
* he was sent to Japan
* the two orders for wounds received in action on 11 July 1969 were given for his two separate combat injuries
* he earned the VUA and PUC while assigned to Battery B, 2nd Battalion, 319th Artillery, 101st Airborne Division, but they are not listed on his DD Form 214 for the period ending 6 July 1971



3.  The applicant provides:

* two DD Forms 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552)
* orders, dated 19 June 1969, for the Purple Heart for wounds received in action on 9 June 1969
* orders, dated 13 July 1969, for the Purple Heart for wounds received in action on 11 July 1969
* orders, dated 20 July 1969, for the Purple Heart with first oak leaf cluster for wounds received in action on 11 July 1969
* two copies of page 2 of his DA Form 20 (Enlisted Qualification Record)
* DD Forms 214 for the periods ending 11 December 1967 and 6 July 1971
* extract from Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register)

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 on 5 January 1967 for a period of 3 years.  He was awarded military occupational specialty 13E (field artillery operations and intelligence assistant) and he completed Officer Candidate School.  On 11 December 1967, he was honorably discharged to accept a commission as an officer in the U.S. Army Reserve.  On 12 December 1967, he was appointed as a second lieutenant in the U.S. Army Reserve with concurrent call to active duty.  He arrived in Vietnam on 30 November 1968.  His DA Form 66 (Officer Qualification Record) shows he was assigned to Battery B, 2nd Battalion, 319th Artillery, 101st Airborne Division, in Vietnam on 15 December 1968.  He was transferred to Camp Zama, Japan, on 14 July 1969 and he was further transferred to the United States on 24 July 1969.  On 6 July 1971, he was released from active duty.

3.  His DD Form 214 for the period ending 6 July 1971 shows the National Defense Service Medal, Parachutist Badge, Vietnam Service Medal, Bronze Star Medal with "V" Device, Army Commendation Medal, Republic of Vietnam Campaign Medal with Device (1960), Purple Heart, Purple Heart with 1st Oak Leaf Cluster, "VMC Cross of Gallantry" [correctly known as Republic of Vietnam Gallantry Cross with Palm Unit Citation], and "Civic Action Award" [correctly known as Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation] as authorized awards.

4.  Headquarters, 101st Airborne Division General Orders Number 7265, dated 19 June 1969, awarded the applicant the Purple Heart for wounds received in action on 9 June 1969.

5.  Headquarters, 85th Evacuation Hospital (Semi-mobile), General Orders Number 76, dated 13 July 1969, awarded the applicant the Purple Heart for wounds received in action on 11 July 1969.

6.  Headquarters, 101st Airborne, Division General Orders Number 9213, dated 20 July 1969, awarded the applicant the Purple Heart with 1st Oak Leaf Cluster for wounds received in action on 11 July 1969.

7.  Department of the Army Pamphlet 672-3 lists the awards received by units serving in Vietnam.  This pamphlet shows the applicant's unit (Battery B, 2nd Battalion, 319th Artillery) was awarded the VUA for actions during the period 17 April 1969 to 7 May 1969 based on Department of the Army General Orders (DAGO) Number 2, dated 1971.

8.  Department of the Army Pamphlet 672-3 also shows the applicant's unit (2nd Battalion, 319th Artillery) was awarded the PUC for actions during the period 10-21 May 1969 based on DAGO Number 16, dated 1972.

9.  Records show the applicant participated in three campaigns during his assignment in Vietnam.

10.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart 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 medical personnel, and the medical treatment must have been made a matter of official record.

11.  U.S. Army Vietnam Regulation 672-1 (Decorations and Awards) governed award of the Purple Heart to Army forces operating in South Vietnam.  The regulation stated that authority to award the Purple Heart was delegated to hospital commanders.  Further, it directed that all personnel treated and released within 24 hours would be awarded the Purple Heart by the organization to which the individual was assigned.  Personnel requiring hospitalization in excess of 24 hours or evacuation from Vietnam would be awarded the Purple Heart directly by the hospital commander rendering treatment.

12.  Army Regulation 600-8-22 authorizes award of a bronze service star based on qualifying service for each campaign listed in appendix B and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart for wounds received in action on 9 June 1969.  His records also contain two general orders for awards of the Purple Heart for wounds sustained on 11 July 1969.  The applicant contends he was shot in the left shoulder by an AK-47 rifle during a firefight on 11 July 1969 and 4 hours later he was hit in the left ear with shrapnel from a rocket-propelled grenade.  However, there is no evidence he was wounded on two separate occasions on 11 July 1969.  Since the award authority for the Purple Heart in this case is the hospital commander, it appears the 101st Airborne Division general orders for award of the Purple Heart for wounds received in action on 11 July 1969 are duplicate orders.  As a result, the applicant is entitled to only one award of the Purple Heart for wounds received on 11 July 1969.  There is no evidence of record which shows he was wounded in two separate incidents on 11 July 1969.  His DD Form 214 for the period ending 6 July 1971 properly shows the Purple Heart with 1st Oak Leaf Cluster (i.e., second award of the Purple Heart).  There is insufficient evidence on which to base a third award of the Purple Heart in this case.

2.  His unit was cited for award of the VUA and PUC while he was assigned to it.  His DD Form 214 for the period ending 6 July 1971 should be corrected to show these unit awards.

3.  He participated in three campaigns during his assignment in Vietnam which entitles him to three bronze service stars to be worn 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 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 adding the VUA, PUC, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214 for the period ending 6 July 1971.

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 a third 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)                                         AR20100021007



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ABCMR Record of Proceedings (cont)                                         AR20100021007



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