IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100023929 


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 a second award of the Purple Heart.

2.  The applicant states he was wounded in Vietnam on 27 December 1968 and 4 January 1969; however, only one award of the Purple Heart is shown on his DD Form 214.

3.  The applicant provides his DD Form 214 and his DA Form 20 (Enlisted Qualification Record).

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 30 October 1967 and he held military occupational specialty 76A (Unit Supply Specialist).  He served in Vietnam with Headquarters and Headquarters Company, 2nd Battalion,
2nd Infantry, from 13 September 1968 to 31 August 1969.

3.  He was honorably released from active duty on 20 October 1970 in the rank/grade of specialist four (SP4)/E-4 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.

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

* Purple Heart
* Combat Infantryman Badge
* Vietnam Service Medal
* two overseas service bars
* Army Commendation Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16)
* National Defense Service Medal

5.  Item 40 (Wounds) of the applicant's DA Form 20 shows the entries:

* Fragment wounds to his right side on 4 January 1969
* Fragment wound to his forehead on 27 December 1968

6.  The applicant's name appears on the Vietnam casualty roster under casualty status code 24, indicating he was "hostile wounded in action - not serious - not hospitalized."  The date of casualty is listed as 27 December 1968.

7.  He underwent a separation physical on 25 June 1970.  His Standard Form 89 (Report of Medical History) shows he suffered a head injury in Vietnam in July 1969 and required sutures.  However, there is no indication of what caused this injury.

8.  General Orders Number 107, issued by Headquarters, 1st Infantry Division, dated 8 January 1969, awarded him the Purple Heart for wounds received in action on 27 December 1968.

9.  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, revealed General Orders Number 107 that awarded the applicant the Purple Heart for actions on 27 December 1968.  However, it did not reveal any orders for any other Purple Heart pertaining to the applicant.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

11.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9, of the version in effect at the time, stated, in pertinent part, that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in Item 40 (Wounds) of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in Item 40.

12.  A review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

13.  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 Counteroffensive Phase V (1 July - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

14.  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 2nd Battalion, 2nd Infantry, was cited for award of the:

* Valorous Unit Award for the period 23 through 25 May 1969 by Department of the Army General Orders (DAGO) Number 50, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 June through 6 September 1969 by DAGO Number 2, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 October 1965 through 7 April 1970, by DAGO Number 53, dated 1970

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20, item 40 of which required that a brief description of wounds or injuries requiring medical treatment received through hostile or enemy action be entered, shows he was wounded twice in Vietnam -- a fragment wounds to his right side on 4 January 1969 and a fragment wound to his forehead on 27 December 1968.  Notwithstanding the lack of other corroborating evidence of record, the DA Form 20 does corroborate the applicant's contention that he was wounded twice.  He was issued official orders awarding him the Purple Heart for his 27 December 1968 wound but not his 4 January 1969 wound.  Therefore, he is entitled to correction of his DD Form 214 to show two awards of the Purple Heart.

2.  General orders awarded his unit the Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

3.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, he participated in four campaigns phases while serving in Vietnam.  Therefore, he is entitled to four bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for 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 Purple Heart and the Vietnam Service Medal; and

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

* Purple Heart (2nd Award)
* Vietnam Service Medal with four bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _   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)                                         AR20100023929



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ABCMR Record of Proceedings (cont)                                         AR20100023929



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