IN THE CASE OF:	  

		BOARD DATE:	    29 November 2011

		DOCKET NUMBER:  AR20110011258 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Purple Heart twice.

2.  He states a Purple Heart was left off of his DD Form 214, and a wound to his right foot "needs to be addressed to add it to the Purple Heart."  He states his medical records were not available when he was released from active duty.  

3.  He provides a page from 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 was inducted into the Army of the United States on 20 April 1967.  After completing initial entry training, he was awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His DA Form 20 shows in:

* item 29 (Qualification in Arms) he qualified as a marksman with the M-14 rifle, as a 1st class gunner (now called sharpshooter) with the M-60 machinegun, and as a sharpshooter with the M-16 rifle
* item 38 (Record of Assignments) he was assigned for duty in Vietnam with Company D, 6th Battalion, 31st Infantry, 9th Infantry Division, from 7 April 1968 to 11 January 1969
* item 38 he received all "excellent" conduct and efficiency ratings
* item 40 (Wounds) he received a gunshot wound to his left arm on 12 May 1968

4.  On 14 May 1968, Headquarters, 9th Infantry Division, published General Orders Number 3436 announcing award of the Purple Heart to him for wounds he received on 11 May 1968.

5.  On 19 January 1969, he was given an honorable early release from active duty to attend school.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the DD form 214 issued at that time shows he was authorized the:

* National Defense Service Medal
* Vietnam Campaign Medal
* Air Medal
* Vietnam Service Medal (VSM)
* Combat Infantryman Badge (CIB)
* CIB with "V"

6.  His record is void of documentation showing he was wounded in the right foot.

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

8.  A review of the available records indicates entitlement to additional awards and decorations not shown on his DD Form 214.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal (AGCM) was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  

10.  His record is void of documentation showing he was the subject of any disciplinary actions or that he received a commander's disqualification for award of the AGCM.

11.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with three 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)

12.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree – Expert, Sharpshooter, and Marksman – in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

13.  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 6th Battalion, 31st Infantry, was cited for award of the:

* Valorous Unit Award (VUA) for the period 6 to 12 May 1968, by Department of the Army General Order (DAGO) 43, dated 1970
* Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation for the period:

* 1 December 1966 to 30 June 1968, by DAGO 31, dated 1969
* 1 July to 13 November 1968, by DAGO 31, dated 1969
* January to June 1969, by DAGO 59, dated 1969

* RVN Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 28 June 1969, by DAGO 59, dated 1969

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

15.  Army Regulation 600-8-22 states the bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.

DISCUSSION AND CONCLUSIONS:

1.  General orders announced award of the Purple Heart to the applicant for wounds he received on 11 May 1968.  Therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart.

2.  The record is void of documentation showing he was wounded a second time under conditions warranting award of the Purple Heart.  In the absence of such documentation, there is an insufficient basis upon which to award him an oak leaf cluster for wear on the Purple Heart or to correct his record to show such an award.  

3.  His DD Form 214 shows an entry for the CIB with "V" Device.  The "V" Device is not authorized for wear on the CIB.  It appears he may have received another award upon which he was authorized to wear this device.  Unfortunately, the available records do not include documentation of this other award.  If the applicant has documentation showing he received an award upon which he was authorized to wear the "V" Device, he may submit a new application for correction of his record with the supporting documentation attached.  

4.  He received all "excellent" conduct and efficiency ratings during his service.  He was not the subject of any disciplinary actions, and there is no record of a commander's disqualification for award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) based on completion of a qualifying period of active Federal service and correct his DD Form 214 to show this award.

5.  He was awarded the VSM and he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show three bronze service stars for wear on the previously-awarded VSM.

6.  The applicant qualified as a marksman with the M-14 rifle, as a sharpshooter with the M-60 machinegun, and as a sharpshooter with the M-16 rifle.  Therefore, he is entitled to correction of his DD Form 214 to show the:

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar and Rifle Bar (M-16)

7.  He was assigned to a unit in Vietnam during a period for which it was cited once for award of the VUA, three times for award of the RVN Gallantry Cross with Palm Unit Citation, and once for award of the RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

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 partial 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 AGCM (1st Award) for the period 20 April 1967 to 19 January 1969; 
   
   b.  deleting the VSM from item 24 of his DD Form 214; and


   c.  adding to item 24 of his DD Form 214 the:
   
* Purple Heart
* AGCM (1st Award)
* VSM with three bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Machine Gun Bar and Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* VUA
* RVN Gallantry Cross with Palm Unit Citation (3rd Award)
* RVN Civil Actions Honor Medal First Class 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 a second award of the Purple Heart.  



      __________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)                                         AR20110011258





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011258



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1