IN THE CASE OF:	  

		BOARD DATE:  19 April 2012

		DOCKET NUMBER:  AR20110019759 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show two awards of the Purple Heart (PH) and the Bronze Star Medal (BSM).

2.  The applicant states that he received two awards of the PH and the award of the BSM; however, they are not reflected on his DD Form 214.

3.  The applicant provides a copy of General Orders Number 123, dated 4 November 1968, awarding him the PH for wounds received on 2 November 1968 and an email from his platoon leader regarding his service in Vietnam.

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 in Cincinnati, Ohio on 15 June 1967.  He completed basic training at Fort Jackson, South Carolina and advanced individual training as an infantry indirect fire crewman at Fort Polk, Louisiana before being transferred to Hawaii on 22 November 1967 for assignment to Company E, 4th Battalion, 21st Infantry Regiment.

3.  On 11 April 1968, he was transferred to Vietnam with his unit and on 4 November 1968, General Orders Number 123 issued by Headquarters, 95th Evacuation Hospital in Vietnam awarded him the PH for wounds received on or about 2 November 1968.

4.  On 20 November 1968, after having served in three campaigns, he was medically evacuated to the 106th General Hospital in Japan where he remained until 3 December 1968 when he was transferred to Ireland Army Hospital at Fort Knox, Kentucky.

5.  On 31 December 1968, General Orders Number 9750 issued by Headquarters, Americal Division, awarded the applicant the BSM with “V” Device for heroism in Vietnam on 3 November 1968.

6.  A review of the Vietnam Casualty Listing shows the applicant was reported as a casualty on 3 November 1968.  There are no additional entries showing the applicant was previously wounded.

7.  On 22 January 1969, the applicant was honorably released from active duty (REFRAD) at Fort Knox.  He had served 1 year, 7 months, and 6 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, Vietnam Service Medal, Vietnam Campaign Medal, Combat Infantryman Badge, and his marksmanship badges.

8.  On 17 August 1989, the Army Reserve Personnel Center (ARPERCEN) authorized the issuance of medal sets to the applicant for awards of the Army Good Conduct Medal (AGCM) and the Vietnam Service Medal with three bronze service stars.  ARPERCEN also advised him that he was authorized award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. 

9.  A review of his records show that he had “excellent” conduct and efficiency ratings throughout his service and his record is void of any serious derogatory information (except for two days of lost time) that would serve to disqualify him for award of the AGCM.  Additionally, there is no evidence to show that he was wounded more than once or that he was awarded two awards of the PH.  
10.  Army Regulation 600-8-22 (Military Awards) states the PH 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.  As with all personal decorations, announcement in orders are required.

11.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the 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.  

12.  Army Regulation 600-8-22 states a bronze service star is authorized based on qualifying service for each campaign listed in Appendix B of this regulation.  This regulation states that bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

13.  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 was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show two awards of the PH and the BSM has been noted and found to have some merit.

2.  The applicant has provided a copy of orders showing that he was awarded one PH and that award should be added at this time.  However, the applicant has not provided, and the records do not contain evidence, to show that he was awarded two awards of the PH.  Additionally, there appears to be no evidence of him being wounded twice in Vietnam.  Accordingly, there appears to be no basis to add a second award of the PH to his DD Form 214.



3.  The applicant was also awarded the BSM with “V” Device and that award should be added to his DD Form 214.

4.  Inasmuch as the applicant has already been awarded the AGCM medal set by ARPERCEN and since it appears he met the qualifications for that award it would be appropriate to add the award to his DD Form 214 at this time.

5.  The applicant also participated in three campaigns while in Vietnam and he has been issued three bronze service stars.  Additionally, he is authorized the Republic of Vietnam Gallantry Cross with Palm Unit Citation and those awards should be added to his DD Form 214 at this time as well.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X  ___  __ X____  ____X___  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:

* Deleting the Vietnam Service Medal from his DD Form 214 
* Adding the PH, BSM with “V” Device, AGCM, Vietnam Service Medal with three bronze service stars and Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214

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 adding a second award of the PH to his DD Form 214.






3.  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)                                         AR20110019759



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ABCMR Record of Proceedings (cont)                                         AR20110019759



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