IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110003943 


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 that he be awarded a second award of the Purple Heart (Purple Heart 1st oak leaf cluster (OLC).

2.  The applicant states that he was only awarded one award of the Purple Heart and he should have been awarded two awards.

3.  The applicant provides:

* A DD Form 1380 (U.S. Field Medical Card) showing that he was treated for shrapnel wounds to the neck and right thumb on 10 July 1967
* A copy of a page from his DA Form 20 (Enlisted Qualification Record) showing he was wounded on 10 July 1967
* A copy of orders awarding him the Purple Heart for wounds received on 2 December 1967
* A copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)  

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 14 October 1966 for a period of 3 years and training as an engineer heavy equipment operations and maintenance specialist.  He completed his basic training at Fort Bliss, Texas and his advanced individual training at Fort Leonard Wood, Missouri before being transferred to Fort Lewis, Washington on 17 April 1967.

3.  On 21 May 1967, he was transferred to Vietnam for assignment to the 27th Engineer Battalion with duty with the 168th Engineer Combat Battalion.

4.  On 10 July 1967, he was treated for shrapnel wounds to the neck and right thumb while operating a ROME Plow (bulldozer).

5.  On 2 December 1967, he was treated for shrapnel wounds sustained when his dozer hit an enemy land mine.

6.  On 30 December 1967, he was transferred to the 557th Engineer Company and he remained in that unit until he departed Vietnam on 18 May 1968 after serving in four campaigns for assignment to Fort Campbell, Kentucky.

7.  On 4 April 1969, he was transferred to Germany where he remained until he departed on 23 September 1969 and was transferred to Fort Dix, New Jersey where he was honorably released from active duty (REFRAD) on 25 September 1969 as an overseas returnee.  He had served 2 years, 11 months, and 11 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Service Medal (VSM), the Purple Heart, the Army Commendation Medal, and the Vietnam Campaign Medal. 

8.  The evidence of record shows that the applicant was awarded the Army Commendation Medal with “V” Device 1st OLC in General Orders Number 43 issued by Headquarters, 20th Engineer Brigade on 25 January 1968.

9.  His records also show that he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM). 

10.  Army Regulation 600-8-22 (Military Awards) states 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 600-8-22 states the AGCM 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.  

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that the applicant's unit(s) was awarded the Meritorious Unit Commendation (MUC), the Valorous Unit Award (VUA), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit(s).  

13.  Army Regulation 600-8-22 states a bronze service star, based on qualifying service for each campaign listed in appendix B will be worn on the appropriate service medal.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded the Purple Heart for his wounds on 2 December 1967; however, he was not awarded the Purple Heart for his wounds on 10 July 1967.  Accordingly, he should be awarded the Purple Heart with 1st OLC for wounds received in Vietnam on 10 July 1967 and it should be added to his      DD Form 214 at this time.

2.  The applicant’s DD Form 214 reflects that he was awarded the ARCOM; however, he was in fact awarded the ARCOM with “V” Device 1st OLC.  Accordingly, his DD Form 214 should be corrected to reflect the award of the ARCOM with “V” Device 1st OLC. 

3.  His DD Form 214 also reflects the award of the VSM.  However, it does not reflect the bronze service stars to reflect his participation in four campaigns.  Accordingly, his DD Form214 should be corrected to reflect the award of the VSM with four bronze service stars.

4.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the first award of the AGCM for his service from 14 October 1966 through 25 September 1969.  This conclusion is based on the fact that the record is void of any derogatory information which would preclude the applicant from being awarded the AGCM and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving this award.

5.  The evidence suggests that the applicant not receiving the AGCM was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of his unit commanders.  Therefore, in the interest of justice, this error should be corrected and the applicant should be awarded the AGCM at this time. 

6.  Additionally, the applicant’s unit(s) was awarded the MUC, the VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period he served with the unit.  Accordingly, he is entitled to have those awards added to his DD Form 214 at this time.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* Deleting the awards of the VSM, the Purple Heart, and the Army Commendation Medal from the applicant’s DD Form 214
* Awarding the applicant the Purple Heart 1st OLC for wounds received in Vietnam on 10 July 1967 and adding it to his DD Form 214
* Adding the awards of the Army Commendation Medal w/ “V” Device and with 1st OLC to his DD Form 214
* Adding the award of the VSM with four bronze service stars to his          DD Form 214
* Awarding him the AGCM (first award) for his service from 14 October 1966 through 25 September 1969 and adding it to his DD Form 214
* Adding the MUC, the VUA, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to his DD Form 214

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  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)                                         AR20110003943





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ABCMR Record of Proceedings (cont)                                         AR20110003943



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