IN THE CASE OF:	  

		BOARD DATE:	       17 September 2008

		DOCKET NUMBER:  AR20080010481 


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 two awards of the Purple Heart.

2.  The applicant states that his DD Form 214 should include the Purple Heart with First Oak Leaf Cluster.

3.  The applicant provides a copy of his DD Form 214 and two award certificates for the Purple Heart.

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 inducted into the Army of the United States on 23 March 1966.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11C (infantry indirect fire crewman).  His highest grade held was specialist four, E-4.

3.  He was assigned to Vietnam on 2 April 1967 with Company C, 2nd Battalion, 14th Infantry, 25th Infantry Division.  He was later reassigned to Company C, 54th Infantry.  

4.  Headquarters, 25th Infantry Division, General Orders Number 2282, dated 7 June 1967, awarded the applicant the Purple Heart for wounds received in action on 3 June 1967 in the Republic of Vietnam.

5.  Headquarters, 25th Infantry Division, General Orders Number 2281, dated 7 June 1967, awarded the applicant a second award of the Purple Heart for wounds received in action on 5 June 1967 in the Republic of Vietnam.

6.  His name is listed twice on the Vietnam Casualty Roster for wounds received in action on 3 June 1967 and 5 June 1967.  His DA Form 20 (Enlisted Qualification Record) shows he sustained a fragment wound to his left cheek on 3 June 1967 and he sustained a fragment wound to his right hand on 5 June 1967.

7.  The applicant departed Vietnam on 3 March 1968.  He was credited with participation in the Vietnam Counteroffensive Phase II Campaign, the Vietnam Counteroffensive Phase III Campaign, and the Tet Counteroffensive Campaign.

8.  The applicant was released from active duty on 4 March 1968.  His DD Form 214 shows he was awarded the National Defense Service Medal, the Combat Infantryman Badge, the Vietnam Service Medal, one Overseas Service Bar, and one award of the Purple Heart.  

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 2nd Battalion, 14th Infantry, this unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 48, dated 1971.

10.  Department of the Army Pamphlet 672-3 shows that, at the time of the applicant’s assignment to the 2nd Battalion, 14th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of the applicant’s assignment to Company C, 54th Infantry , this unit was cited for award of the Meritorious Unit Commendation by Department of the Army General Orders Number 55, dated 1968.

12.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that the first oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

13.  Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records contain general orders for two awards of the Purple Heart for wounds sustained on 3 June 1967 and 5 June 1967 in Vietnam.  However, his DD Form 214 reflects only one award of the Purple Heart.  Therefore, his DD Form 214 should be amended to show the Purple Heart (First Oak Leaf Cluster).  

2.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Meritorious Unit Commendation.  Therefore, these awards should be added to his DD Form 214.

3.  The applicant received credit for participation in three campaigns during the Vietnam War.  Therefore, his DD Form 214 should be corrected to show three bronze service stars for wear on his Vietnam Service Medal.

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 entry “Purple Heart” from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and

		b.  adding the Purple Heart (First Oak Leaf Cluster), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, the Meritorious Unit Commendation, and three bronze service stars for wear on his already-awarded Vietnam Service Medal to his DD Form 214.




      _______ xxxx_______   ___
               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)                                         AR20080010481





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ABCMR Record of Proceedings (cont)                                         AR20080010481



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