IN THE CASE OF: BOARD DATE: 17 November 2020 DOCKET NUMBER: AR20200002736 APPLICANT REQUESTS: * reconsideration of his previous request for award of the Purple Heart (1st Oak Leaf Cluster) * correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Bronze Star Medal (BSM) and Army Commendation Medal (ARCOM) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), dated 6 January 2020 * DA Form 4980-14 (Army Commendation Medal Certificate), dated 6 July 1970 * ARCOM citation, undated * Headquarters (HQ), Americal Division, General Orders (GO) Number 5929, dated 10June 1970 * DD Form 214, for the period ending 16 June1970 * DD Form 215 (Correction to DD Form 214), dated 11 August 2006 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case for award of the Purple Heart (1st Oak Leaf Cluster) by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050008614 on 28 March 2006. 2. The applicant has provided new documentary evidence and new arguments that were not previously considered by the Board that warrant consideration at this time. 3. The applicant states the Board found one of his Purple Hearts in 2006 when he requested they be added. He also enclosed a copy of his award for the ARCOM and the orders authorizing it. Many things were not annotated on his DD Form 214 when he was discharged. Much of his paperwork was misplaced or not available when his DD Form 214 was being prepared. He earned his awards serving his country in Vietnam. 4. The applicant's records contain sufficient evidence to support an additional award not shown on his DD Form 214. His DD Form 214 for the period ending 16 June 1970 will be administratively corrected without Board action to show award of the: * Bronze Star Medal * Army Commendation Medal * Valorous Unit Award 5. The Board will consider the applicant's request for award of the PH (1st Oak Leaf Cluster). 6. On 24 June 1968, the applicant was inducted into the Army of the United States. 7. He served in the Republic of Vietnam from 8 September 1969 to 12 June 1970 and was assigned to Company B, 2nd Battalion, 1st Infantry, 196th Infantry Brigade. 8. HQ, Americal Division, GO No 4989, dated 24 May 1970, awarded him the BSM for meritorious service for the period September 1969 to September 1970. 9. HQ, Americal Division, GO No 5929, awarding him the ARCOM for meritorious service for the period 1 January 1970 to 30 April 1970. 10. He provided a copy of an undated photograph of a Soldier receiving an unspecified award. 11. His DA Form 20 (Enlisted Qualification Record) – shows in: a. item 40 (Wounds) – fragment wound, (Right) arm, 8 March 1970 b. item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) 12. On 16 June 1970, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized: * National Defense Service Medal * Marksman Marksmanship Qualification Badge with Rifle Bar (M-14) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * one overseas service bar * Combat Infantryman Badge * Vietnam Service Medal 13. His records are void of orders awarding him the PH (1st Oak Leaf Cluster). 14. 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for the PH and the PH (First Oak Leaf Cluster). 15. His name is shown on the Department of the Army Office of the Adjutant General Casualty Division Casualty Reference Name Listing for the period 1 January 1961 through 30 June 1973, a battle and non-battle listing of Soldiers who were killed, wounded, sick, captured, or missing during their service in Vietnam, as wounded in action on 8 March 1970. 16. On 28 March 2006 and in ABCMR Docket Number AR20050008614, the ABCMR granted his application for the Purple Heart. The Board found there was no evidence of record showing that he was wounded or treated for wounds as a result of hostile action in Vietnam for a second incident. 17. On 11 August 2006 he was issued a DD Form 215 which corrected his DD Form 214 for the period ending 16 June 1970. The corrections did not include the award of the PH (First Oak Leaf Cluster). The correction added: * Purple Heart * Good Conduct Medal * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm U it Citation * Expert Badge with Machine Gun Bar * Vietnam Service Medak with 3 bronze service stars 18. By regulation (AR 600-8-22 Military Awards), a Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 19. A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214: • Bronze Star Medal • Army Commendation Medal • Valorous Unit Award BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. Based on a preponderance of evidence, the Board determined that there was insufficient evidence to award a Purple Heart with first oak leaf cluster. 2. The Board did find sufficient evidence to grant partial relief by showing on his DD Form 214 that he was awarded the Bronze Star Medal, the Army Commendation Medal, and the Valorous Unit Award. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :XXX :XXX :XX GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the overall merits of this case are sufficient to warrant a recommendation for partial relief. Accordingly, the Board recommends that the applicant’s DD Form 214 for the period of service ending 16 June 1970 show that he was awarded the Bronze Star Medal, the Army Commendation Medal, and the Valorous Unit Award; and provide him the medals. 2. The Board further determined 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 award of a Purple Heart first oak leaf cluster. 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. REFERENCES: 1. Title 10, United States 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Department of the Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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 a medical officer, and the medical treatment must have been made a matter of official record. The Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather, he or she is entitled to it upon meeting specific criteria. A Purple Heart is authorized for the first wound suffered under conditions indicated above; an oak leaf cluster is awarded to be worn on the medal or ribbon for each subsequent award. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent. 3. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register (January 1960 – February 1986)), in effect at the time, shows 2nd Battalion, 1st Infantry Regiment, was awarded the Valorous Unit Award by DAGO Number 43, dated 1972, for the period 11 August 1969 to 31 August 1969. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200002736 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1