BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100023765 


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, Bronze Star Medal with "V" Device, and Army Commendation Medal with 1st Oak Leaf Cluster.  He also requests, in effect, award of a second Purple Heart and its addition to his DD Form 214.

2.  He states his service records show he was awarded the Purple Heart.  He was actually wounded twice and should have two Purple Heart awards.  His
DD Form 214 does list the Bronze Star Medal, but does not show the "V" Device.  His Army Commendation Medal is also listed, but not the 1st Oak Leaf Cluster.  His records should reflect the correct information.

3.  He provides his:

* Bronze Star Medal with "V" Device orders
* Army Commendation Medal and Army Commendation Medal with 1st Oak Leaf Cluster orders
* Purple Heart orders
* DD Form 214

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 on 17 March 1969 for a period of 2 years.  He completed training and he was awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  On 19 August 1969, he accepted punishment under Article 15, Uniform Code of Military Justice, for absenting himself from his unit from 9 to 17 August 1969.  

4.  He served in the Republic of Vietnam (RVN) from 24 August 1969 to
20 August 1970, assigned to Company A, 1st Battalion, 14th Infantry, 4th Infantry Division.

5.  General Orders Number 446, issued by Headquarters, 4th Infantry Division, dated 19 January 1970, awarded him the Bronze Star Medal with "V" Device heroism in connection with military operations against an armed hostile force in the RVN on 18 September 1969.  

6.  General Orders Number 3632, issued by the same headquarters, dated 27 June 1970, awarded him the Army Commendation Medal for meritorious achievement in the RVN from 10 to 12 April 1970.

7.  General Orders Number 3751, issued by the same headquarters, dated 5 July 1970, awarded him the Army Commendation Medal for meritorious service from August 1969 to August 1970.  General Orders Number 4045, dated 30 July 1970, amended orders number 3751 to show the Army Commendation Medal with
1st Oak Leaf Cluster.

8.  General Orders Number 4231, issued by the same headquarters, dated 12 August 1970, awarded him the Purple Heart for wounds received by a hostile force in the RVN on 28 June 1970.

9.  He was honorably early released from active duty in pay grade E-5 on 24 March 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
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 with three bronze service stars
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Army Commendation Medal
* Bronze Star Medal
* Air Medal
* RVN Civil Actions Honor Medal First Class Unit Citation

11.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record shows he received "excellent" conduct and efficiency ratings throughout his service.

12.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows the entry “PSW (punji stick wound) to right arm on 28 June 1970.”  Item 41 (Awards and Decorations) does not show award of any Purple Hearts.  Item 41 shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).

13.  There is no evidence in his records showing he was wounded or injured on any date other than 28 June 1970.  There are no orders in his military personnel records awarding him a second Purple Heart.

14.  The Vietnam casualty roster shows he was wounded on 28 June 1970.  However, the casualty roster does not show he was wounded or injured on any other date during his period of service in RVN.

15.  Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

16.  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 four 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)
* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)

17.  Army Regulation 600-8-22 further states 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.

18.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 14th Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 27 July 1969 through 17 November 1970, by Department of the Army General Orders Number 52, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Bronze Star Medal with "V" Device, Army Commendation Medal with 1st Oak Leaf Cluster, and the Purple Heart.  Therefore, he is entitled to correction of his DD Form 214 to show these awards.

2.  The evidence of record shows the applicant had "excellent" conduct and efficiency ratings throughout his service in the Army.  There is evidence of minor indiscipline during his service; however, this minor indiscipline should not over-shadow his achievements.   While in the Army, he attained the rank/grade of SGT/E-5, he served in Vietnam and he was awarded the Bronze Star Medal with "V" Device, Army Commendation Medal (2nd Award), and was wounded as a result of hostile action.  Therefore, he is entitled to the first award of the Army Good Conduct Medal for the period 17 March 1969 through 24 March 1971 and correction of his DD Form 214 to show this award.

3.  He participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to one additional bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show this additional bronze service star.
4.  The evidence of record also shows he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, his DD Form 214 should be corrected to show this marksmanship badge.

5.  With respect to award of a second Purple Heart, by regulation, in order to support award of a second Purple Heart, there must be evidence confirming the wound/injury for which the award is being made was received as a direct result of or was caused by enemy action, the wound/injury was treated by medical personnel, and a record of this treatment must have been made a matter of official record.

6.  The evidence of record contains no orders or other documents confirming he was wounded or injured a second time as a result of his participation in direct or indirect combat operations while serving in the RVN.  The criteria for award of the Purple Heart specified in the applicable regulation must be met in order that an award of the Purple Heart can be made.  His name does not appear on the Vietnam Casualty Roster more than once.  There were no entries made on his service personnel records to show he was wounded or injured a second time as a result of hostile action.

7.  Absent corroborating evidence confirming his contention, the regulatory burden of proof necessary to support award of a second Purple Heart has not been satisfied in this case.

8.  In view of the foregoing, his records should be corrected 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 Bronze Star Medal, Army Commendation Medal, and the Vietnam Service Medal with three bronze service stars;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period 17 March 1969 through 24 March 1971; and

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

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Commendation Medal (2nd Award)
* Army Good Conduct Medal (1st Award)
* Vietnam Service Medal with four bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

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 and its addition 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)                                         AR20100023765



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100023765



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1