IN THE CASE OF: BOARD DATE: 5 May 2011 DOCKET NUMBER: AR20100024384 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 award of the Purple Heart with Oak Leaf Cluster, Republic of Vietnam (RVN) Gallantry Cross with Palm Unit Citation (2nd Award), RVN Civil Actions Honor First Class Unit Citation, Meritorious Unit Commendation, and RVN Gallantry Cross with Silver Star. 2. The applicant states the unit awards were awarded to one or more of the units he served with in the RVN (1st Battalion, 4th Calvary; 1st Battalion, 16th Infantry; or 1st Brigade, 1st Infantry Division). The individual award was "impacted" at a ceremony held at Phouc Vinh, Vietnam, at the completion of the Song Be Road clearing operation in approximately June 1969. In attendance were the Army of the RVN; 1st Engineer Battalion, 1st Infantry; and Headquarters and Headquarters Company (HHC), Company A, and Company C, 1st Battalion, 16th Infantry, 1st Infantry Division. An article about the mission and awards ceremony was published in the 1st Infantry Division newsletter. 3. Further, he states he received a Purple Heart for injuries he sustained on 22 December 1968; however, he was wounded three additional times but only once more seriously. In May 1969, a rocket propelled grenade (RPG) hit his command track in an ambush in which several of his men were injured by RPG, small arms, and automatic weapons fire. He suffered a severe shrapnel wound to his right hand, nearly costing him the use of his right thumb. He chose not to be evacuated because of his command responsibilities and had his combat medic clean and stitch the wound, treating it with antibiotics and morphine. 4. The applicant provides his DD Form 214, effective 5 June 1970; DD Form 215 (Correction to DD Form 214), dated 2 September 2010; NPRC letter dated 6 September 2010; Department of the Army General Orders (DAGO) Number 2, dated 13 January 1971; 1st Infantry Division (United States) Wikipedia article; lineage and honors information for the 1st Battalion, 16th Infantry Regiment, and HHC, 1st Infantry Division; and a foreign certificate (without translation). 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 ordered to active duty from the U.S. Army Reserve (USAR) on 7 November 1964. 3. A review of his DA Form 66 (Officer Qualification Record) shows in: a. item 17 (Foreign Service) he served in the RVN from 20 October 1968 to 15 October 1969; b. item 18 (Record of Assignments) he was assigned to: * Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry, 1st Infantry Division, from 23 September 1968-22 March 1969 * Company C, 1st Battalion, 16th Infantry, 1st Infantry Division, from 23 March 1969-27 June 1969 * HHC, 1st Brigade, 1st Infantry Division, from 28 June 1969-14 October 1969 c. item 21 (Awards and Decorations) the: * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Army Achievement Medal with Oak Leaf Cluster * Aircraft Crewman Badge * RVN Campaign Medal with Device (1960) * Combat Infantryman Badge * RVN Armor Badge (Honor) * overseas service bar (2) * Bronze Star Medal with "V" Device * Army Commendation Medal with Oak Leaf Cluster * Bronze Star Medal with 2nd Oak Leaf Cluster 4. His DD Form 214 shows he separated under the provisions of Army Regulation 635-120 (Personnel Separations – Officer Resignations and Discharges) for the reason of unqualified resignation on 5 June 1970. The highest rank held was captain/O-3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) shows the: * Bronze Star Medal with 2nd Oak Leaf Cluster * Army Commendation Medal with Oak Leaf Cluster * Vietnamese Armor Badge * Combat Infantryman Badge * RVN Civil Actions Honor Medal First Class Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Air Medal with Oak Leaf Cluster * Aircraft Crewmen Badge * Purple Heart * Vietnam Service Medal * National Defense Service Medal 5. He was issued a DD Form 215 on 2 September 2010 which deleted the Bronze Star Medal with 2nd Oak Leaf Cluster and Vietnam Service Medal from item 24 of his DD Form 214 and added the following: * Bronze Star Medal with 2nd Oak Leaf Cluster and "V" Device * Vietnam Service Medal with four bronze service stars * overseas service bar (2) * RVN Gallantry Cross with Palm Unit Citation * Marksman Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Automatic Rifle Bar and Pistol Bar 6. His name is not listed on the Vietnam casualty roster and a 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 U.S. Army Human Resources Command, failed to reveal a second award of the Purple Heart pertaining to the applicant. 7. The applicant provides a foreign award certificate that appears to be in Vietnamese and Internet search results referencing the history, lineage, and honors for the 1st Infantry Division. 8. A review of his records indicates entitlement to additional awards which are not shown on his DD Form 214. 9. 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 during the period of his assignment with: a. Company B, 1st Battalion, 5th Calvary, 1st Cavalry Division, and HHC, 1st Brigade, 1st Infantry Division, these units were awarded the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 October 1965-7 April 1970 by Department of the Army General Orders (DAGO) Number 53, dated 1970; and b. 1st Battalion, 16th Infantry Division, this unit was awarded the RVN Gallantry Cross with Palm Unit Citation for the period 1 April-31 October 1969 by DAGO Number 2, dated 1971. 10. This same regulation shows that HHC, 1st Infantry Division, was awarded the Meritorious Unit Commendation for the period 1 January-31 December 1968 by DAGO Number 7, dated 1970. 11. U.S. Army Vietnam Regulation 672-2 (Foreign Awards and Decorations) stated the RVN Gallantry Cross as a personal decoration was awarded to personnel who conducted themselves with heroic action and displayed deeds of valor while fighting the enemy. The more gallant and noteworthy the act, the higher the level of the award. This decoration was awarded in four degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star. Approval to accept and to wear a personal award of the Republic of Vietnam Gallantry Cross required approval by the Commanding General of U.S. Army Vietnam. As with all foreign awards, each recipient of an approved foreign award was provided a copy of the original citation from the foreign government, a translation of the citation if necessary, and a letter authorizing the recipient to receive and wear the decoration. 12. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) states not more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual. Although multiple awards of this unit citation are not authorized for wear, official military and historical records will indicate all awards received. However, in the case of duplicate awards covering the same period of time, only one award will be recorded in official military and historical records. 13. Army Regulation 600-8-22 (Military Awards) states 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 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 DISCUSSION AND CONCLUSIONS: 1. General orders awarded his units the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation. Therefore, it would be appropriate to correct his DD Form 214 to show these unit awards. 2. The record is void of any evidence showing he suffered additional wounds that would qualify him for the award of the Purple Heart. His name does not appear on the Vietnam casualty roster and ADCARS contains the orders awarding him the Purple Heart for action on 22 December 1968 which is currently listed on his DD Form 214. There is insufficient evidence to award him a second Purple Heart. 3. The applicant contends he was awarded the RVN Gallantry Cross with Silver Star. Unfortunately, he provides a foreign certificate which cannot be verified. The applicant should have been provided a translated copy of the certificate and a letter authorizing him to receive and wear the decoration at the time he received the award. The applicant is encouraged to resubmit his request along with the appropriate documentation for reconsideration. 4. There is no evidence to show the applicant was assigned to HHC, 1st Infantry Division, during the period 1 January-31 December 1968; therefore, his record should not be corrected to show the Meritorious Unit Commendation. 5. In view of the above, he should be granted partial relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 item 24 of his DD Form 214 the RVN Gallantry Cross with Palm Unit Citation and b. adding to item 24 of his DD Form 214: * RVN Gallantry Cross with Palm Unit Citation (2nd Award) * RVN Civil Actions Honor Medal First Class Unit Citation 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 to the award of the Purple Heart, RVN Gallantry Cross with Silver Star, and Meritorious Unit Commendation. _________________________ 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) AR20100024384 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024384 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1