IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100023151 


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 Combat Infantryman Badge and two awards of the Purple Heart.

2.  He states:

	a.  he was wounded on two separate dates, but his DD Form 214 only shows one Purple Heart;

	b.  he received a Purple Heart for a wound received on 5 March 1969, but he didn't receive disability;

	c.  he didn't receive a Purple Heart for a wound received on 11 March 1969, but he received 10 percent disability; and

	d.  he has orders for the Combat Infantryman Badge, but it wasn't included on his DD Form 214.

3.  He provides:

* DD Form 214
* Special Orders Number 14, dated 14 January 1969
* letter from the Veterans Administration (VA), dated 30 June 1970
* statement from a former fellow Soldier, dated 18 June 2010


* DA Form 20 (Enlisted Qualification Record)
* General Orders Number 742, dated 12 March 1969

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.  He was inducted into the Army of the United States on 24 April 1968.  His highest grade attained was specialist four (SP4)/E-4.

3.  He served in Vietnam from 25 September 1968 to 13 September 1969 and was assigned to Company D, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division.

4.  Headquarters, 4th Infantry Division, Special Orders Number 14, dated 14 January 1969, show he was awarded the Combat Infantryman Badge.

5.  Headquarters, 4th Infantry Division, General Orders Number 742, dated 12 March 1969, show he was awarded the Purple Heart for wounds received on 5 March 1969.

6.  His service record does not contain any orders or other evidence showing he was awarded a second Purple Heart.

7.  His DA Form 20 shows in:

* item 38 (Record of Assignments) – he received "excellent" conduct and efficiency ratings throughout his active duty service
* item 40 (Wounds) – he sustained a fragment gunshot wound to the right side of his head on 5 March 1969
* item 41 (Awards and Decorations) – lists one award of the Purple Heart and no award of the Combat Infantryman Badge

8.  The Vietnam casualty roster lists his name only once for wounds received in action on 5 March 1969.

9.  He was released from active duty on 23 January 1970 in the rank of SP4.  He completed 1 year and 9 months of total active service with no time lost.

10.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal
* Purple Heart
* two overseas service bars
* Army Commendation Medal
* Marksman Marksmanship Qualification Badge with M-14 and M-16 Rifle Bars

11.  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 orders for a second award of the Purple Heart pertaining to the applicant.

12.  He provided a letter from the VA Regional Office, Pittsburg, PA, dated 30 June 1970, which shows he was awarded service connection for left posterior thigh shell fragment wound residuals (10 percent) and a scar on his right forehead (0 percent).

13.  He also provided a statement from a former fellow Soldier who served in Vietnam with Company D, 2nd Battalion, 35th Infantry Regiment, 4th Infantry Division, from July 1968 until 1969.  He recalls his unit came under fire by the North Vietnamese and five men were hit by shrapnel.  He believes that one of the men wounded could have been the applicant.

14.  References:

	a.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of the applicant's assignment to the 2nd Battalion, 35th Infantry Regiment, this unit was cited for award of the:

		(1)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1967 to 28 July 1969 by Department of the Army General Orders (DAGO) Number 38, dated 1970;

		(2)  Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 29 July 1969 to 17 November 1970 by DAGO Number 52, dated 1971; and

		(3)  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 August 1967 to 31 October 1969 by DAGO Number 53, dated 1970.

	b.  Department of the Army Pamphlet 672-3 states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received.  However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records.

	c.  Army Regulation 600-8-22 (Military Awards) states:

		(1)  The Purple Heart is awarded for a wound sustained in action against an enemy or 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Purple Heart.

		(2)  A bronze service star is authorized with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the Vietnam Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Tet 69 Counteroffensive 1969, and Vietnam Summer-Fall 1969 campaigns.

	d.  Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.


DISCUSSION AND CONCLUSIONS:

1.  Special orders show he was awarded the Combat Infantryman Badge; therefore, his DD Form 214 should be amended to show this badge.

2.  The evidence of record shows he was wounded on 5 March 1969 and was awarded the Purple Heart for this wound.

3.  His contention that he was wounded a second time on 11 March 1969, but he didn't receive a Purple Heart is acknowledged.  However, his service record is void of evidence which shows he sustained a wound a second time as a result of hostile action in Vietnam.  Therefore, there is insufficient evidence on which to grant him a second award of the Purple Heart.

4.  He was assigned to a unit in Vietnam during a period it was twice cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

5.  It appears he met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 24 April 1968 through 23 January 1970.  His service record shows he received "excellent" conduct and efficiency ratings and was advanced to SP4 during this period.  Therefore, he is entitled to the first award of the Army Good Conduct Medal and correction of his DD Form 214 to show this award.

6.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in four campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect four bronze service stars for wear 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:

	a.  deleting the Vietnam Service Medal from item 24 of his DD Form 214;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 24 April 1968 through 23 January 1970; and

	c.  amending item 24 of his DD Form 214 to add the Army Good Conduct Medal, Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and Combat Infantryman Badge.

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 second 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)                                         AR20100023151



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ABCMR Record of Proceedings (cont)                                         AR20100023151



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