IN THE CASE OF:	  

		BOARD DATE:	    31 May 2011

		DOCKET NUMBER:  AR20100027176


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, in effect, award of the Purple Heart and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Purple Heart and a second award of the Bronze Star Medal (BSM) with "V" Device.

2.  The applicant states, in effect, that in October or November 1968 his unit came under attack from a mortar barrage and ground assault.  He received wounds to his face, back, and foot, and he was medically evacuated for treatment of his wounds.  He was returned to his unit after recovery, and during a field presentation he was presented the Purple Heart.  He was assured that all documents would be added to his record but that did not happen.

3.  The applicant provides:

* self-authored statement
* DD Form 214
* General Orders Number 7652, Headquarters, 25th Infantry Division, dated 27 October 1968
* General Orders Number 8371, Headquarters, 25th Infantry Division, dated 26 November 1968
* 2 photographs depicting service members at leisure
* a foreign certificate, printed in the Vietnamese language



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.  In a self-authored statement attached to his application the applicant makes reference to a foreign certificate, which he provides, and inquires about the possibility of his DD Form 214 being corrected to show this foreign award.  The certificate is a foreign certificate with no accompanying translation.  Therefore, this portion of the applicant's request will not be discussed further in these Proceedings. 

3.  His records show he was inducted into the Army of the United States, for a   2-year term, on 2 August 1967.  He completed training and was awarded military occupational specialty 11B (Light Weapons Infantryman).    

4.  Item 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from 26 January 1968 through 18 January 1969.  During his service in Vietnam he was assigned to:

* Headquarters and Headquarters Company, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division, from 13 February 1968 through            12 September 1968
* Company E, 2nd Battalion, 27th Infantry Regiment, 25th Infantry Division, from 13 September 1968 through 18 January 1969  

5.  On 1 August 1969, he was honorably released from active duty and transferred to the U.S. Army Reserve for the remainder of his service obligation.  His DD Form 214 shows he completed 2 years of net service this service period, including 11 months and 22 days of foreign service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Bronze Star Medal
* Combat Infantryman Badge
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 
* 2 Overseas Service Bars

7.  Item 40 (Wounds) of his DA Form 20 shows he received fragment wounds to his left leg on 15 August 1968.  

8.  The Vietnam casualty roster shows he sustained wounds resulting from hostile fire on 15 August 1968 and he was hospitalized for treatment of his wounds.  

9.  A 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 U.S. Army Human Resources Command, failed to reveal orders for the Purple Heart.

10.  He provides:

       a.  General Orders Number 7652, Headquarters, 25th Infantry Division, dated 27 October 1968, awarded him the BSM with "V" Device for heroism on 
24 July 1968 in connection with ground operations against a hostile force in the Republic of Vietnam. 

       b.  General Orders Number 8371, issued by Headquarters, 25th Infantry Division, dated 26 November 1968, awarded him the BSM for meritorious service from December 1967 through December 1968, in connection with military operations against a hostile force in the Republic of Vietnam.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded to a member of the Armed Forces or any civilian national of the U.S. who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

12.  His records indicate he is entitled to additional awards which are not shown on his DD Form 214.
13.  Item 38 (Record of Assignments) of his DA Form 20 shows he consistently received "excellent" conduct and efficiency ratings.

14.  His service record does not contain information showing convictions by courts-martial or receipt of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ).

15.  Army Regulation 672-5-1 (Awards), in effect at the time, states the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years, except in those cases when the period for the first award ended with the termination of a period of Federal military service.  The enlisted person must have had all “excellent” conduct and efficiency ratings and no convictions by a court-martial.  

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This document shows the unit to which the applicant was assigned was cited for the:

   a.  Valorous Unit Award, for the period 15 and 16 June 1968 by Department of the Army General Order (DAGO) Number 36 dated 1970.  

   b.  RVN Gallantry Cross with Palm Unit Citation, for the period 1 January 1966 through 31 August 1968, by DAGO Number 48 dated 1971.

   c.  RVN Gallantry Cross with Palm Unit Citation, for the period
1 September 1968 through 30 September 1970, by DAGO Number 5 dated 1973.

   d.  RVN Civil Actions Honor Medal First Class Unit Citation, for the period 
1 January 1966 through 21 January 1970, by DAGO Number 51 dated 1971.  

17.  Department of the Army Pamphlet 672-3 states not more than one RVN Gallantry Cross with Palm 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.  

18.  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.  A silver service star is authorized in lieu of five bronze service stars.  Appendix B shows that during his service in Vietnam, the applicant participated in the following five campaigns:
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) 
* Tet Counteroffensive (30  January 1968 - 1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968)
* Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for award of the Purple Heart and correction of his 
DD Form 214 to show the Purple Heart and a second award of the BSM with
"V" Device was carefully considered and was determined to have merit.

2.  The Vietnam casualty roster shows he sustained a wound as the result of hostile fire on 15 August 1968 and was hospitalized for treatment of his wound.  Therefore, he is entitled to award of the Purple Heart and to correction of his    DD Form 214 to show this award.

3.  General orders awarded him two separate awards of the BSM, one with the "V" Device for heroism, and another for meritorious service during his service in Vietnam.  His DD Form 214 shows only one award of the BSM; therefore, he is entitled to correction of his DD Form 214 to show both awards.

4.  His record shows he served honorably, received no court-martial actions, and consistently received "excellent" conduct and efficiency ratings.  Therefore, he is entitled to award of the Army Good Conduct Medal (First Award) for the period   2 August 1967 through 1 August 1969 and to correction of his DD Form 214 to show this award.

5.  Department of the Army Pamphlet 672-3 states his unit of assignment in Vietnam earned the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation, and the RVN Civil Actions Honor Medal First Class Unit Citation, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

6.  Records show he participated in five campaigns during his service in Vietnam; therefore, he is entitled to correction of his DD Form 214 to show one silver service star for wear on his already-awarded Vietnam Service Medal.





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.  awarding him the Purple Heart for wounds incurred in action in Vietnam on 15 August 1968 and the Army Good Conduct Medal (1st Award) for the period 
2 August 1967 through 1 August 1969;

   b.  deleting the BSM from item 24 of his DD Form 214; and

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

* Purple Heart
* Bronze Star Medal (First Oak Leaf Cluster) and "V" Device
* Army Good Conduct Medal (First Award)
* Valorous Unit Award
* RVN Gallantry Cross with Palm Unit Citation 
* RVN Civil Actions Honor Medal First Class Unit Citation
* 1 silver service star to be affixed to his already-awarded Vietnam Service Medal




      _________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)                                         AR20100015543



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ABCMR Record of Proceedings (cont)                                         AR20100027176



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