IN THE CASE OF:	  

		BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110011660 


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 award of the Purple Heart.

2.  The applicant states:

* he was wounded in action on 10 April 1968 in Vietnam while giving immediate aid and personally evacuating a fellow Soldier to safety
* he was awarded the Army Commendation Medal with "V" Device for his actions
* he was not awarded the Purple Heart because he refused medical evacuation in order to return to the front lines and resume fighting

3.  The applicant provides:

* orders for the Army Commendation Medal with "V" Device, Bronze Star Medal with "V" Device, and Air Medal with 1st Oak Leaf Cluster
* authorization for individual foreign award
* Air Medal Citation
* newspaper article
* 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 21 September 1966 for a period of 3 years.  He arrived in Vietnam on 14 December 1967.  He served as a rifleman while assigned to Company D, 2nd Battalion (Airborne), 501st Infantry, in Vietnam from 16 December 1967 to 14 December 1968.  On 29 September 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.

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

* Parachutist Badge
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal

4.  There are no orders for the Purple Heart in the available records.

5.  His DA Form 20 (Enlisted Qualification Record) does not show entitlement to the Purple Heart and item 40 (Wounds) of his DA Form 20 is blank.  His name does not appear on the Vietnam casualty roster.

6.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, failed to reveal any orders for award of the Purple Heart.

7.  Headquarters, 101st Air Cavalry Division, General Orders Number 5243, dated 29 August 1968, show he was awarded the Bronze Star Medal with "V" Device for heroism on 16 February 1968 in Vietnam.

8.  Headquarters, 101st Airborne Division, General Orders Number 11170, dated 27 December 1968, show he was awarded the Air Medal.

9.  Headquarters, 101st Airborne Division, General Orders Number 579, dated 18 January 1969, show he was awarded the Army Commendation Medal for meritorious achievement for the period 1 July 1968 to 30 November 1968.

10.  Headquarters, 101st Airborne Division, General Orders Number 1134, dated 31 January 1969, show he was awarded the Air Medal with 1st Oak Leaf Cluster.

11.  Headquarters, 101st Airborne Division, General Orders Number 1688, dated 21 February 1969, show he was awarded the Army Commendation Medal with "V" Device for heroism on 10 April 1968 in Vietnam.  The citation states, "Even though he was wounded in this action, he refused medical evacuation in order to return to the front lines and resume fighting."

12.  He provides a Headquarters, U.S. Army Vietnam, authorization, dated 9 January 1969, to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star.

13.  Records show he participated in five campaigns during his assignment in Vietnam.

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 at the time of his assignment the 2nd Battalion, 501st Infantry, was awarded the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 April to 15 August 1968 by Department of the Army General Orders (DAGO) 21, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 15 August 1968 to 14 May 1969 by DAGO 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 48, dated 1971

15.  Department of the Army Pamphlet 672-3 states that not more than one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn by any individual.  Although wear of multiple awards of this unit citation badge is not authorized, official military personnel and historical records will indicate all awards received.

16.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify 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.

17.  Army Regulation 600-8-22 provides that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

18.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

19.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon for each credited campaign, to include the Vietnam Service Medal.  A silver service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  His citation for award of the Army Commendation Medal with "V" Device which states he was wounded in action on 10 April 1968 in Vietnam is accepted as sufficient evidence on which to base award the Purple Heart.

2.  Orders show he was awarded two awards of the Army Commendation Medal, one award for meritorious achievement and one award for valor.  His DD Form 214 should be corrected to show the Army Commendation Medal with "V" Device with 1st Oak Leaf Cluster.

3.  His DD Form 214 shows the Bronze Star Medal as an authorized award, but orders show he was awarded the Bronze Star Medal with "V" Device.  His DD Form 214 should be corrected to show the Bronze Star Medal with "V" Device.

4.  Orders show he was awarded two awards of the Air Medal.  His DD Form 214 should be corrected to show the Air Medal with Numeral 2.

5.  The authorization to accept and wear the Republic of Vietnam Gallantry Cross with Bronze Star provided by the applicant is accepted as sufficient evidence on which to add this foreign award to his DD Form 214.

6.  He participated in five campaigns during his assignment in Vietnam which entitles him to the Vietnam Service Medal with one silver service star.  His DD Form 214 should be corrected to show this award.

7.  His unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

8.  His unit was cited for two separate awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Although he is entitled to wear only one of these awards, his DD Form 214 should be corrected to show both unit awards.

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 received in action on 10 April 1968 in Vietnam;

	b.  deleting the Bronze Star Medal from item 24 of his DD Form 214; and

	c.  adding the Bronze Star Medal with "V" Device, Purple Heart, Air Medal with Numeral 2, Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster, Republic of Vietnam Gallantry Cross with Bronze Star, Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award), Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one silver 


service star for wear on his already-awarded Vietnam Service Medal to item 24 of his DD Form 214.



      _______ _   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)                                         AR20110011660



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ABCMR Record of Proceedings (cont)                                         AR20110011660



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