IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100023356 


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 two awards of the Purple Heart (PH).

2.  The applicant states he was twice wounded by shrapnel from booby traps and after the first wounding, he recovered in a hospital in Chu Lai, Republic of Vietnam (RVN) where he received the PH.  He states he received the second award of the PH after his discharge.

3.  The applicant provides no documentary evidence 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 enlisted in the Regular Army on 3 February 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was promoted to sergeant (SGT)/E-5 on 19 January 1970 and this is the highest rank/grade he attained while serving on active duty.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 4 July 1969 to 19 May 1970.  Item 38 (Record of Assignments) shows that during the applicant's RVN tour, he was assigned to Company D,
3rd Battalion, 1st Infantry Regiment, 11th Infantry Brigade, performing duties in MOS 11B as a rifleman, team leader, and squad leader.

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains an undated entry indicating he received fragmentation wounds to his left face and left arm.  Item 41 (Awards and Decorations) shows the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* RVN Campaign Medal (RVNCM)
* Army Commendation Medal (ARCOM) (1st Oak Leaf Cluster)
* 2 Overseas Service Bars
* Army Good Conduct Medal (AGCM)
* Expert Marksmanship Qualification Badge with Rifle (M-14) Bar
* Marksman Marksmanship Qualification Badge with Rifle (M-14) Bar

5.  On 2 February 1971, the applicant was honorably released from active duty. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 he was issued at that time does not include the PH in the list of awards.  It does show the same awards listed on the DA Form 20, except only one ARCOM.

6.  During the processing of this case, a member of the Board staff reviewed the Department of the Army (DA) Vietnam casualty listing.  There was one entry on this listing confirming the applicant was wounded in action in the RVN on 
14 November 1969 under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States 


Army Human Resources Command, failed to reveal any orders for the PH pertaining to the applicant.  However, ADCARS does contain orders showing:

* General Orders (GO) Number 926, issued Headquarters, Americal Division, dated 23 January 1970, awarded the applicant the ARCOM for meritorious achievement in the RVN on 31 December 1969
* GO Number 4017, issued by the same headquarters, dated 16 April 1970, awarding him the ARCOM (1st Oak Leaf Cluster) for meritorious achievement in the RVN from 2 March 1970 through 2 April 1970)
* GO Number 6757, issued by the same headquarters, dated 24 June 1970, awarding him the Bronze Star Medal for meritorious service in the RVN from July 1969 through July 1970

8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the PH there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record.

9.  Army Regulation 600-8-22, paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May - 30 June 1970)

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit (3rd Battalion,
1st Infantry Regiment) was awarded the:

* Valorous Unit Award (VUA) for the period 11-31 August 1969 by Department of the Army General Order (DAGO) Number 43, dated 1972
* RVN Gallantry Cross (RVNGC) with Palm Unit Citation for the period
24 August through 31 December 1969 by DAGO 42, dated 1972
* RVN Gallantry Cross (RVNGC) with Palm Unit Citation for the period
31 March through 30 June 1970 by DAGO 42, dated 1972
11.  Department of the Army Pamphlet 672-3, paragraph 6 (Miscellaneous Information) states that not more than one award of the Republic of Vietnam Gallantry Cross Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be awarded two PHs for wounds received as a result of booby traps has been carefully considered and found to have partial merit.  An entry in item 40 and on the Vietnam casualty listing, the official DA listing of RVN battle casualties, confirms the applicant was wounded in action in the RVN on 14 November 1969.  Accordingly, it would be appropriate to award him the PH for wounds received in action on 14 November 1969 and to correct his DD Form 214 to show this award.

2.  However, while the evidence of record corroborates the applicant being wounded in action in the RVN once, there is no evidence of record and the applicant did not provide any evidence confirming a second wounding.  As a result, there is insufficient evidence to support award of a second PH.

3.  The record also shows that based on his RVN service and campaign participation, he is entitled to 3 bronze service stars for wear on his already-awarded VSM.  The record further shows that he is entitled to the VUA, and two awards of the RVNGC with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  Orders show he was awarded the Bronze Service Medal and two awards of the Army Commendation Medal.  These awards should be added to his DD Form 214.

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 Army Commendation Medal and the Vietnam Service Medal;

	b.  awarding him the Purple Heart for wounds received in action in the RVN on 14 November 1969; and

	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Purple Heart
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Valorous Unit Award

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 award of a second Purple Heart.

3.  The applicant and all others concerned should know this action related to award of a second PH in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.




      ____________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)                                         AR20100023356



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ABCMR Record of Proceedings (cont)                                         AR20100023356



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