IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080000042 


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 that the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant makes no additional statement.

3.  The applicant provides a copy of his DD Form 214.

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 7 October 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).

3.  The applicant arrived in Vietnam and was assigned to Company A, 2d Battalion, 8th Cavalry, 1st Cavalry Division on 9 April 1969.

4.  The applicant was wounded in action on 12 August 1969 and medically evacuated to Japan after being credited with participation in two campaigns.

5.  Headquarters, 12th Evacuation Hospital, General Orders Number 213, dated 13 August 1969, awarded the applicant the Purple Heart for wounds received on 12 August 1969.

6.  Headquarters, 1st Air Cavalry Division, General Orders Number 9768, dated 14 August 1969, awarded the applicant the Purple Heart for wounds received on 12 August 1969.

7.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 11782, dated 26 September 1969, awarded the applicant the Bronze Star Medal for meritorious service for the period March 1969 to August 1969.

8.  Headquarters, Valley Forge General Hospital, General Orders Number 58, dated 23 October 1969, awarded the applicant the Purple Heart for wounds received on 12 August 1969.

9.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 15473, dated 6 December 1969, awarded the applicant the Bronze Star Medal with “V” device for action on 12 August 1969.

10.  The applicant was honorably released from active duty on 19 October 1970. His DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with device (1960), the Combat Infantryman Badge, one overseas service bar, the Army Good Conduct Medal, the Bronze Star Medal with “V” device, the Expert Marksmanship Qualification Badge (Rifle M-16), and the Expert Marksmanship Qualification Badge (Rifle M-14).

11.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix   B of this regulation.  Authorized bronze service stars will be worn on the appropriate campaign or service medal, including the Vietnam Service Medal.  


12.  Army Regulation 600-8-22 states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant's assignment to the 4th Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 9 August 1965 through      19 May 1969 by Department of the Army General Order Number 59, dated 1969.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant's assignment to the 4th Battalion, 8th Cavalry, it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 through 1 February 1970 by Department of the Army Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant was wounded in action on   12 August 1969 and was awarded the Purple Heart for those wounds.  In fact, three orders were issued awarding him the Purple Heart for the same wounds; the latter two of those orders were erroneously issued.  The Purple Heart should be added to his DD Form 214.

2.  The applicant’s DD Form 214 shows he was awarded the Bronze Star Medal with “V” device.  The evidence of record shows he was awarded two awards of the Bronze Star Medal, one for service and one for valor.  His DD Form 214 should be amended to show he was awarded the Bronze Star Medal with “V” device and with first oak leaf cluster.

3.  The applicant was credited with participation in two campaigns, making him eligible to wear two bronze service stars on his Vietnam Service Medal.  His DD Form 214 should be amended to reflect this fact.

4.  The applicant was assigned to a unit during a period of time that unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  These two unit awards should be added to his DD Form 214.


BOARD VOTE:

___xx___  ____xx__  ____xx__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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.  deleting the Vietnam Service Medal and the Bronze Star Medal with “V” device from his DD Form 214; and

     b.  amending his DD Form 214 to add the Purple Heart, the Bronze Star Medal with “V” device and with first oak leaf cluster, the Vietnam Service Medal with two bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.




 _    _______xxx_____________
       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)                                         AR20080000042





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ABCMR Record of Proceedings (cont)                                         AR20080000042



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