IN THE CASE OF:	  

		BOARD DATE:  14 June 2012

		DOCKET NUMBER:  AR20110024779 


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 his Bronze Star Medal with "V" device be shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 31 July 1972.  He also requests he be awarded two additional Purple Hearts.

2.  The applicant states his medical records clearly reflect he was wounded by enemy action on at least two separate dates, 16 May 1969 and 20 August 1969, while serving in the Republic of Vietnam.

	a.  One night in late May 1969, a mortar round landed about 30 feet to his right.  The wounds were not serious enough to cause him to leave his duty station.  He was treated the next morning.  A medic cleaned his wounds, treated and bandaged them and gave him an injection.

	b.  His other wounds were received in mid-August 1969.  An RPG (rocket propelled grenade) hit a pagoda stone and he was struck by fragments of stone and grenade in his back and left arm.  Two days later he was struck by wood splinters in his neck and shoulder when a sniper's bullet shattered a wood-pallet-sidewalk.  

	c.  He believes an entry, dated 23 August 1969, in his medical records describes the wounds he received in the field from the RPG attack.  However, the treatment described in that entry mainly reflects what took place at the aid station on 23 August, except there is no indication of the splinters.

3.  He states that at the official stand-down event he was pinned with a Bronze Star Medal, Army Commendation Medal, and Purple Heart.

4.  The applicant provides the orders and certificate awarding him the Bronze Star Medal with "V" device (First Oak Leaf Cluster).

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.  He was commissioned a second lieutenant in the Regular Army on 31 May 1968.

3.  He served in the Republic of Vietnam from 12 April 1969 to 14 March 1970.  He served with:

* 1st Battalion, 84th Artillery from 16 May to 8 August 1969
* 2nd Battalion, 4th Artillery from 9 August 1969 to 13 March 1970

4.  Headquarters, 9th Infantry Division General Orders (GO) Number 8793, dated 6 July 1969, awarded him the Army Commendation Medal for the period April to August 1969.

5.  Headquarters, 3rd Brigade, 9th Infantry Division GO Number 8, dated 
29 August 1969, awarded him the Purple Heart for wounds received on 
23 August 1969.

6.  Headquarters, II Field Force, Vietnam (IIFFV) GO Number 3043, dated        23 October 1969, awarded him the Bronze Star Medal with First Oak Leaf Cluster with "V" device for heroism on 17 August 1969.

7.  IFFV GO Number 2090, dated 26 May 1970, amended by Headquarters, U.S. Army Vietnam GO Number 30, dated 9 February 1972 awarded him the Army Commendation Medal (First Oak Leaf Cluster) for the period 15 January to 
10 March 1970.

8.  Item 21 (Awards and Decorations) of his DA Form 66 (Officer Qualification Record) shows the following awards of the Bronze Star Medal:

* Bronze Star Medal - Headquarters, 9th Infantry Division GO 7845, 
28 June 1969
* Bronze Star Medal with "V" device, First Oak Leaf Cluster IIFV GO 3043, 23 October 1969
* Bronze Star Medal, Second Oak Leaf Cluster, IIFFV GO 255, 21 January 1970
* Bronze Star Medal, Third Oak Leaf Cluster, IIFFV GO 0895, 6 March 1970

9.  On 31 July 1972, he was released from active duty.  He completed 4 years, 
2 months, and 1 day of total active service.  His DD Form 214 shows he was awarded or is authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Purple Heart
* Armed Forces Honor Medal, First Class
* Two Overseas Service Bars
* Air Medal
* Bronze Star Medal with Third Oak Leaf Cluster
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Meritorious Service Medal

10.  The Vietnam Casualty listing indicates he was not seriously wounded by hostile action and not hospitalized.  The date of casualty is listed as 23 August 1969.

11.  His service medical records were not available for review.

12.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), 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 awarding him  additional Purple Hearts.
13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  

	a.  During the time of the applicant’s assignment to the 1st Battalion, 84th Artillery the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - January-	March 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit 
	Citation - 1 February 1968 - 16 August 1969

	b.  During the time of his assignment to the 2nd Battalion, 4th Artillery the unit received the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation - 29 July 	1969 - 20 July 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit 
	Citation - 26 July 1969 - 20 July 1970

	c.  Not more than one Republic of Vietnam Gallantry Cross with Palm Unit Citation will be worn by any individual.  However, although wear of multiple awards of this unit citation is not authorized, official military personnel and historical records will indicate all awards received.

14.  Army Regulation 672-5-1(Military Awards), then in effect, provided that the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. armed services had been wounded, killed, or who had died as a result of a wound sustained as a result of hostile action.  Substantiating evidence must have been provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of the Republic of Vietnam to all members of the Armed Forces of the United States for qualifying service in Republic of Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in the Republic of Vietnam for 6 months or more.  
	b.  Based on his dates of service in Vietnam, table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) shows he participated in the following campaigns:

* Tet 69 Counteroffensive, 1969 Campaign (23 February 1969 - 8 June 	1969)
* Vietnam Summer - Fall 1969 Campaign (9 June 1969 - 31 October 	1969)
* Vietnam Winter - Spring 1970 Campaign (1 November 1969 - 30 April 	1970)

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 66 shows he was awarded 4 Bronze Star Medals, one with the "V" device.  Therefore, the entry on his DD Form 214 should read:  Bronze Star Medal (four awards, one with "V" device).

2.  His orders for the award of the Purple Heart and the Vietnam Casualty listing show he was wounded by hostile action on 23 August 1969.  There are no additional orders in his Military Personnel Records Jacket (MPRJ) or in ADCARS awarding him additional Purple Hearts.  His service medical records were not available for review.  Therefore, there is insufficient evidence to award him additional Purple Hearts.

3.  Orders in his MPRJ show he was awarded two Army Commendation Medals. Therefore, his DD Form 214 should read:  Army Commendation Medal 
(two awards).

4.  He participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.

5.  Based on his service in the Republic of Vietnam he is authorized:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (two awards)

6.  He served more than 6 months in the Republic of Vietnam.  Therefore, he is authorized the Republic of Vietnam Campaign Medal with Device (1960).


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 amending his DD Form 214 as follows:

	a.  Delete the:  

* Vietnam Service Medal
* Army Commendation Medal
* Bronze Star Medal with Third Oak Leaf Cluster
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	b.   Add the:

* Bronze Star Medal (four awards, one with "V" device)
* Army Commendation Medal (two awards)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (two 	awards)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation 	(two awards)
* Republic of Vietnam Campaign Medal with Device (1960)


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 awarding additional Purple Hearts.




      __________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)                                         AR20110024779



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ABCMR Record of Proceedings (cont)                                         AR20110024779



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