IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140018137 


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) for the period ending 18 September 1970 to show award of the Purple Heart.

2.  The applicant states:

* he was injured in combat on 11 May 1968 while taking enemy fire and administering first aid
* he was shot in the left leg and thigh during the battle and he administered his own first aid
* he was shipped back to the United States after Vietnam and he wanted to quickly integrate into society
* he earned the Purple Heart for his actions on 11 May 1968

3.  The applicant provides:

* DD Form 214
* Headquarters, 101st Airborne Division (Airmobile), General Orders Number 6525, dated 26 September 1968
* extract of My Gift to You

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 20 January 1967.  On 20 September 1967, he was honorably discharged for immediate reenlistment.  His DD Form 214 for the period ending 20 September 1967 shows he was awarded or authorized the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

3.  On 21 September 1967, he reenlisted in the Regular Army for a period of 3 years.

4.  He served in Germany during the period 9 July 1967 through 29 February 1968.

5.  He served in Vietnam during the period 4 April 1968 through 3 October 1969 and he participated in five campaigns.  While serving in Vietnam, he was assigned as follows:

* Headquarters and Headquarters Company, 3d Battalion, 506th Infantry Regiment (Airmobile), during the period 16 April 1968 through 12 March 1969
* 45th Medical Company (Air Ambulance) during the period 13 March through 14 March 1969
* 247th Medical Detachment (Helicopter Ambulance) during the period 15 March 1969 through 3 October 1969

6.  Headquarters, 101st Air Cavalry Division, Special Orders Number 228, dated 15 August 1968, awarded him the Combat Medical Badge.

7.  Headquarters, 101st Airborne Division (Airmobile), General Orders Number 6525, dated 26 September 1968, awarded him the Bronze Star Medal with "V" Device for heroism in ground combat against a hostile force in the Republic of Vietnam 11 May 1968.  These orders state, in part:

For heroism in ground combat against a hostile force in the Republic of Vietnam on11 May 1968….Disregarding his own personal safety, he stood up to administer intravenous fluid only to be wounded himself.  Despite his wounds, he continued administering the fluid and helped move the man to safety.

8.  Headquarters, 101st Airborne Division, General Orders Number 620, dated 18 January 1969, awarded him the Army Commendation Medal for meritorious achievement in the Republic of Vietnam during the period 1 July 1968 to 30 November 1968.

9.  Headquarters, 9th Infantry Division, General Orders Number 5811, dated 21 May 1969, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 17 March 1969.

10.  Headquarters, 9th Infantry Division, General Orders Number 6106, dated 29 May 1969, awarded him the Silver Star for gallantry in action involving close combat with an armed hostile force in the Republic of Vietnam on 25 March 1969.

11.  Headquarters, 9th Infantry Division, General Orders Number 7271, dated 23 June 1969, awarded him the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 17 March 1969.

12.  Headquarters, 44th Medical Brigade, General Orders Number 569, dated 27 June 1969, awarded him the Army Commendation Medal with "V" Device with 1st Oak Leaf Cluster for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 17 March 1969.

13.  Headquarters, 9th Infantry Division, General Orders Number 7592, dated 27 June 1969, revoked Headquarters, 9th Infantry Division, General Orders Number 5811, dated 21 May 1969.

14.  Headquarters, 44th Medical Brigade, General Orders Number 841, dated 26 August 1969, awarded him the Air Medal for meritorious achievement while participating in aerial flight in the Republic of Vietnam during the period 19 March 1969 to 26 March 1969.

15.  Headquarters, U.S. Army Vietnam, General Orders Number 3973, dated 27 October 1969, awarded him the Silver Star for gallantry in action while engaged in military operations involving conflict with an armed hostile in the Republic of Vietnam on 25 March 1969.

16.  His DA Form 20 (Enlisted Qualification Record) shows in:

* item 40 (Wounds) – no injuries or wounds
* item 41 (Awards and Decorations) –

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Bronze Star Medal with "V" Device
* Army Commendation Medal
* two overseas service bars
* Aircraft Crewmember Badge (now known as the Basic Aviation Badge)
* Army Commendation Medal with "V" Device
* Air Medal
* Silver Star
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

17.  On 18 September 1970, he was honorably released from active duty.  His DD Form 214 for this period shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* "Bronze Star Medal with Device (1960)"
* two overseas service bars
* "Army Commendation Medal with Device (1960)"
* Air Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

18.  On 5 February 2007, he was issued a DD Form 215 (Correction to DD Form 214) adding award of the Silver Star to his DD Form 214 for the period ending 18 September 1970.

19.  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 his units of assignment were awarded the following:



	a.  3d Battalion, 506th Infantry Regiment:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 19 July 1968 through 14 May 1969 by Department of the Army General Order (DAGO) Number 43, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 18 March 1968 through 2 May 1970 by DAGO Number 48, dated 1971

	b.  45th Medical Company (Air Ambulance) with its subordinate unit, 247th Medical Detachment (Helicopter Ambulance):  Meritorious Unit Commendation for the period 1 January 1969 through 30 April 1970 by DAGO Number 24, dated 1972.

20.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  The regulatory guidance states:

	a.  Only one decoration will be awarded to an individual for the same act, achievement, or period of meritorious service.

	b.  The bronze "V" device is worn to denote acts of heroism involving conflict with an armed enemy and is authorized for wear with the Bronze Star Medal, Air Medal, and Army Commendation Medal.  Although more than one award of the Bronze Star Medal, Air Medal, or Army Commendation Medal may be made for heroism to the same person, only one "V" device may be worn on these medals.

	c.  A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign.  A silver service star is authorized in lieu of five bronze service stars.

21.  Military Personnel Message Number 00-138, dated 10 April 2000, changed the name of the Aircraft Crew Member Badge to the Aviation Badge and changed the criteria for award of the Basic, Senior, and Master Aviation Badges.  The Basic Aviation Badge may be authorized for temporary award or for permanent award while the Senior Aviation and Master Aviation Badges may only be authorized for permanent award.  The commander of any Army unit which has Army aircraft assigned may authorize temporary award of the Basic Aviation Badge to qualified personnel in the unit.  Such individuals must be performing in-flight duties and authority to wear the badge must be announced in published orders.  Permanent award of the Basic Aviation Badge is authorized for individuals who have participated in at least 15 combat missions under probable exposure to enemy fire while performing in-flight duties.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's orders for award of the Bronze Star Medal with "V" Device show he was wounded while providing care to another Soldier while engaged in ground combat in Vietnam on 11 May 1968.  He is entitled to award of the Purple Heart and his DD Form 214 for the period ending 18 September 1970 should be corrected to show this award.

2.  His DD Form 214 for the period ending 18 September 1970 incorrectly lists his award of the Bronze Star Medal.  This DD Form 214 should be corrected to show award of the Bronze Star Medal with "V" Device.

3.  Headquarters, 9th Infantry Division, and Headquarters, U.S. Army Vietnam, awarded him the Silver Star for gallantry in action in the Republic of Vietnam on 25 March 1969.  However, regulatory guidance prohibits duplicate recognition to any individual for the same act, achievement, or period of meritorious service.  He was issued a DD Form 215 properly adding one award of the Silver Star to his DD Form 214 for the period ending 18 September 1970.

4.  General orders awarded him the Army Commendation Medal for meritorious achievement for the period 1 July 1968 to 30 November 1968.  His DD Form 214 for the period ending 18 September 1970 should be corrected to show this medal.

5.  General Orders Number 5811 issued by Headquarters, 9th Infantry Division, awarded him the Army Commendation Medal with "V" Device for heroic action on 17 March 1969.  The same headquarters later issued General Orders Number 7271 awarding him the same recognition.  However, on 27 June 1969, this headquarters revoked General Orders Number 5811.

6.  General Orders Number 569 issued by Headquarters, 44th Medical Brigade, also awarded him the Army Commendation Medal with "V" Device with 1st Oak Leaf Cluster for heroic action on 17 March 1969.

7.  While three orders were issued awarding him the Army Commendation Medal with "V" Device for heroic action on 17 March 1969, the evidence of record shows only one was revoked.  Nevertheless, only one award is authorized for the same act, achievement, or period of meritorious service.  As such, his DD Form 214 for the period ending 18 September 1970 should be corrected to show one award of the Army Commendation Medal with "V" Device for his heroic action on 17 March 1969.

8.  He was authorized award of the Vietnam Service Medal and he participated in five campaigns.  His DD Form 214 for the period ending 18 September 1970 should be corrected to show to award of the Vietnam Service Medal with one silver service star.

9.  Special orders awarded him the Combat Medical Badge.  His DD Form 214 for the period ending 18 September 1970 should be corrected to show this badge.

10.  His records show he was awarded the Aircraft Crewmember Badge, now known as the Basic Aviation Badge.  His DD Form 214 for the period ending 18 September 1970 should be corrected to show this badge.

11.  DAGO awarded the 3d Battalion, 506th Infantry Regiment, the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  His DD Form 214 for the period ending 18 September 1970 should be corrected to show these unit awards.

12.  DAGO awarded both the 45th Medical Company (Air Ambulance) and its subordinate unit, 247th Medical Detachment (Helicopter Ambulance), the Meritorious Unit Commendation during his assignment.  His DD Form 214 for the period ending 18 September 1970 should be corrected to show the Meritorious Unit Commendation.

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 in the Republic of Vietnam on 11 May 1968;

	b.  deleting the following awards from his DD Form 214 for the period ending 18 September 1970:

* Vietnam Service Medal
* "Bronze Star Medal with Device (1960)"
* "Army Commendation Medal with Device (1960)"

	c.  adding the following awards to his DD Form 214 for the period ending 18 September 1970:

* Bronze Star Medal with "V" Device
* Purple Heart
* Army Commendation Medal with "V" Device
* Army Commendation Medal
* Vietnam Service Medal with one silver service star
* Combat Medical Badge
* Basic Aviation Badge
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation



      _______ _   _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)                                         AR20140018137



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ABCMR Record of Proceedings (cont)                                         AR20140018137



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