IN THE CASE OF:	  

		BOARD DATE:  11 July 2013

		DOCKET NUMBER:  AR20130000066 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show, in effect, award of the:

* Bronze Star Medal with "V" Device
* Purple Heart (4th Award)
* Army Commendation Medal (2nd Award)

2.  The applicant states he deserves full recognition for his service.  He contends he was wounded in Vietnam in November 1970; March 1971; and 10 July 1971; and at about midnight on an unstated date, when his track vehicle was hit by an enemy rocket propelled grenade.

3.  The applicant provides:

* General Orders Number 4527, issued by Headquarters, 23rd Infantry Division, dated 20 April 1971
* Bronze Star Medal Certificate, dated 1 June 1971
* Purple Heart Certificate, dated 11 July 1971
* Army Commendation Medal Certificate, dated 1 September 1971

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.  Evidence of record and background information:

	a.  On 14 August 1969, the applicant enlisted in the Regular Army.  He completed his initial training and he was awarded military occupational specialty 11B (Light Weapons Infantryman).

	b.  Special Orders Number 238, issued by Headquarters, U.S. Army Training Center, Fort Benning, GA, dated 30 September 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

	c.  On 13 December 1969, the applicant departed the United States for duty in Europe.  On or about 18 September 1970, he left Europe for duty in Vietnam.

	d.  On 30 October 1970, the applicant was assigned for duty with Troop A,
1st Squadron, 1st Cavalry Regiment, 23rd Infantry Division.

	e.  The following general orders, issued by the Headquarters, 23rd Infantry Division, awarded the applicant the following awards:

* General Orders Number 4527, dated 20 April 1971, awarded him the Bronze Star Medal with "V" Device for heroism in Vietnam on 5 March 1971
* General Orders Number 04983, dated 3 May 1971, awarded him the Army Commendation Medal for meritorious achievement in Vietnam from 1 October 1970 to 31 March 1971
* General Orders Number 6464, dated 9 June 1971, awarded him the Purple Heart for wounds received in action in Vietnam on 30 May 1971
* General Orders Number 7827, dated 11 July 1971, awarded him the Purple Heart for wounds received in action in Vietnam on 10 July 1971
* General Orders Number 9781, dated 1 September 1971, awarded him the Army Commendation Medal for meritorious service in Vietnam from 1 September 1970 to 31 July 1971


	f.  On or about 13 September 1971, the applicant departed Vietnam for duty at Fort Carson, CO.

	g.  On 16 February 1972, the applicant was honorably released from active duty.  He had attained the rank/grade of sergeant (SGT)/E-5.  He completed
2 years, 6 months, and 3 days of total active service.  The DD Form 214 he was issued at the time shows he was awarded or authorized the:

* Bronze Star Medal
* Purple Heart with Oak Leaf Cluster (2nd Award)
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal with 1 bronze service star
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge

3.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 (Enlisted Qualification Record) shows only two Purple Heart awards.

4.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed twice as a casualty, on 30 May 1971 and 10 July 1971, both under casualty status code "24."  This casualty code refers to "hostile wounded in action, not serious, not hospitalized."

5.  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, contains General Orders Number 6464 and 7827, both issued by Headquarters, 23rd Infantry Division, awarding him two Purple Hearts.  However, it failed to reveal any orders for any other awards pertaining to the applicant.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  The Purple Heart is awarded to a member of the Armed Force of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  An oak leaf cluster denotes award of second and succeeding awards of the Purple Heart.


	b.  Paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

7.  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 1st Squadron, 1st Cavalry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 8 February through 30 April 1971 by Department of the Army General Order Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show award of:

* Bronze Star Medal with "V" Device
* Purple Heart (4th Award)
* Army Commendation Medal (2nd Award)

2.  General orders awarded the applicant the Purple Heart for wounds received in Vietnam on 30 May and 10 July 1971.  His DD Form 214 currently shows two awards of the Purple Heart.

3.  However, there is no evidence of record and the applicant did not provide any evidence that supports his contention that he was wounded on two other occasions warranting award two additional Purple Hearts.  Therefore, there is an insufficient evidentiary basis for granting the applicant's request for an additional two awards of the Purple Heart.

4.  General orders awarded the applicant the BSM with "V" Device.  Therefore, his DD Form 214 should be corrected accordingly.

5.  General orders awarded the applicant two awards of the Army Commendation Medal.  Therefore, his DD Form 214 should be corrected accordingly.


6.  The applicant participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars for wear on his already-awarded Vietnam Service Medal.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

7.  The applicant's unit in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

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:

	a.  deleting from his DD Form 214 the:

* Bronze Star Medal
* Army Commendation Medal
* Vietnam Service Medal with 1 bronze service star

	b.  adding to his DD Form 214 the:

* Bronze Star Medal with "V" Device
* Army Commendation Medal (2nd Award)
* Vietnam Service Medal with two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm 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 adding two additional award of the Purple Heart to 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)                                         AR20130000066



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ABCMR Record of Proceedings (cont)                                         AR20130000066



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