IN THE CASE OF:	  

		BOARD DATE:	  22 September 2011

		DOCKET NUMBER:  AR20110005413 


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 block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show award of the Purple Heart with 1st oak leaf cluster (indicating 2nd award).

2.  He states to see the attached orders dated 9 March 1969 and attributes the omission to clerical error.

3.  He provides his DD Form 214 and General Orders (GO) Number 2945.

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's records show he was inducted into the Army of the U.S. on 18 July 1967.  

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

	a.  Item 31 (Foreign Service) - he served in the Republic of Vietnam (RVN) from 19 June 1968 to 18 June 1969; 

   b.  Item 38 (Record of Assignments) - he was assigned to Company B, 2nd Battalion, 5th Cavalry Squadron, 1st Cavalry Division (Air Mobile) RVN from 28 June 1968 to 13 June 1969; 

	c.  Item 38 - he had all "excellent' conduct and efficiency ratings; 

   d.  Item 40 (Wounds) - he sustained fragment wounds to his back and both arms on 9 March 1969; and 

e.  Item 41 (Awards and Decorations) shows the National Defense Service
Medal (NDSM), Combat Infantryman Badge (CIB), Vietnam Service Medal (VSM), Purple Heart (awarded by GO Number 2945), one Overseas Service Bar, RVN Campaign Medal (RVNCM) with "1960" Device, Bronze Star (BSM) with "V" Device, BSM with 1st oak leaf cluster, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Automatic Rifle Bar.

4.  He submitted GO Number 2945, issued by Headquarters, 1st Cavalry Division, dated 9 March 1969, which show he was awarded the Purple Heart for wounds received on 9 March 1969.

5.  He was honorably released from active duty on 16 June 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training).

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the NDSM, VSM, RVNCM, CIB, BSM with "V" Device and 1st oak leaf cluster, and Air Medal.

7.  His record does not contain any disciplinary actions or a commander's
disqualification for the first award of the Army Good Conduct Medal.

8.  During the processing of this case, a member of the Board's staff reviewed the Awards and Decorations Computer-Assisted Retrieval System (ADCARS) maintained by the Military Awards Branch of the U.S. Army Human Resources Command (HRC), which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders on file for the applicant awarding him the BSM or Purple Heart.  However, his name is listed once on the Vietnam casualty roster as being wounded in action on 9 March 1969.  

9.  There are no medical records in his Official Military Personnel File that show he was wounded due to hostile action in the RVN.

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 an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

12.  A review of his record indicates he is entitled to additional awards and decorations.

13.  Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualifying 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.  

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that the Headquarters, U.S. Army Vietnam and its subordinate units were cited for award of the RVN Gallantry Cross with Palm Unit Citation for action during the period 20 July 1965 to 28 March 1973, by Department of the Army General Order (DAGO) Number 8, dated 1974. 

15.  Army Regulation 600-8-22 (Military Awards) states the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states a bronze service star will be awarded for wear on the VSM for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.  

16.  Appendix B of Army Regulation 600-8-22 shows that during his service in the RVN, the applicant participated in the following five campaigns:

* Vietnam Counteroffensive Phase IV (2 April - 30 June 1968)
* 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 1969 - 31 October 1969)

DISCUSSION AND CONCLUSIONS:

1.  GOs show he was awarded the Purple Heart (1st award).  Therefore, his DD Form 214 should be corrected to show the 1st award of the Purple Heart.

2.  Regrettably, there is no evidence of record and the applicant provided none to show he was awarded a Purple Heart with 1st oak leaf cluster or was wounded a 2nd time as a result of hostile action and he meets the above criteria.  Therefore, there is insufficient evidence on which to base the award of the Purple Heart with 1st oak leaf cluster.

3.  The available evidence confirms the applicant served in the Army from 
18 July 1967 to 16 June 1969.  His records show he received "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no evidence of any derogatory information that would have disqualified the applicant from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and correct his DD Form 214 to show this medal.

4.  Evidence of record shows he was awarded one Overseas Service Bar, RVNCM with "1960" Device, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Automatic Rifle Bar.  Therefore, his DD Form 214 should be corrected to show these awards.

5.  Evidence additionally shows he participated in five campaigns during his service in the RVN.  Therefore, he is entitled to have his record corrected to show one silver star to be worn on his already-awarded VSM.

6.  DAGOs awarded his unit the RVN Gallantry Cross with Palm Unit Citation for actions during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show this unit citation.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the Vietnam Service Medal from item 24 of his DD Form 214;  

   b.  awarding him the Army Good Conduct Medal (1st Award) for the period 18  July 1967 to 16 June 1969; and 
   
   c.  adding to item 24 of his DD Form 214 the Purple Heart, Army Good Conduct Medal (1st award), Vietnam Service Medal with one silver service star, one Overseas Service Bar, Republic of Vietnam Campaign Medal with "1960" Device, RVN Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship Qualification Badge with Rifle Bar and Automatic Rifle Bar.

2.  The Board further determined 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 the correction of item 24 of his DD Form 214 to show the Purple Heart (2nd award).



      _____________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)                                         AR20110005413



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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