IN THE CASE OF:	  

		BOARD DATE:	        9 September 2008

		DOCKET NUMBER:  AR20080010975 


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 (Report of Transfer or Discharge) to show the Purple Heart with First Oak Leaf Cluster. 

2.  The applicant states that his DD Form 214 only shows one award of the Purple Heart and it should show two awards. 

3.  The applicant provides orders for the Purple Heart and the Purple Heart with First Oak Leaf Cluster; and 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 was inducted on 14 July 1967.  He arrived in Vietnam on 
17 December 1967.  He served as an infantryman assigned to Company A, 2nd Battalion, 16th Infantry of the 1st Infantry Division in Vietnam from 27 December 1967 through 17 April 1968.  He served as an infantryman assigned to Headquarters and Headquarters Company, 1st Battalion, 8th Infantry of the 4th Infantry Division in Vietnam from 18 April 1968 through 18 June 1968.  He served as a driver assigned to Headquarters and Headquarters Company, 4th Infantry Division in Vietnam from 19 June 1968 through 16 December 1968.  On 19 July 1969, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) to complete his remaining military service obligation.

3.  The applicant’s DD Form 214, item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), the Army Commendation Medal, the Combat Infantryman Badge, the Purple Heart, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 93d Evacuation Hospital General Orders Number 13, dated 
18 January 1968, show the applicant received the Purple Heart for wounds received in action on 17 January 1968 in Vietnam.

5.  Headquarters, 1st Infantry Division General Orders Number 1062, dated 
10 February 1968, show the applicant received the Purple Heart with First Oak Leaf Cluster for wounds received in action on 1 February 1968 in Vietnam.

6.  Records show the applicant participated in four campaigns during his assignment in Vietnam.

7.  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 the applicant's unit (2nd Battalion, 16th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (12 July 1965 to 16ctober 1968) based on Department of the Army General Orders Number 32, dated 1969; his unit (1st Battalion, 8th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 28 July 1969) based on Department of the Army General Orders Number 3, dated 1970; and his unit (Headquarters and 


Headquarters Company, 4th Infantry Division) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation (October 1966 to 
28 July 1969) based on Department of the Army General Orders Number 3, dated 1970.

8.  Paragraph 6 (Miscellaneous Information) of Department of the Army Pamphlet 672-3 states that only one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation may be worn; however, records should show entitlement to all authorized awards of this foreign unit award. 

9.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
(2nd Battalion, 16th Infantry) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (12 July 1965 to 7 April 1970) based on Department of the Army General Orders Number 53, dated 1970; his unit (1st Battalion, 8th Infantry) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (1 October 1966 to               31 October 1969) based on Department of the Army General Orders Number 53, dated 1970; and his unit (Headquarters and Headquarters Company, 4th Infantry Division) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (1 October 1966 to 31 October 1969) based on Department of the Army General Orders Number 53, dated 1970.  

10.  Army Regulation 600-8-22 (Military Awards), 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.  Orders show the applicant received the Purple Heart with First Oak Leaf Cluster.

2.  The applicant participated in four campaigns during his assignment in Vietnam which makes him eligible for award of the Vietnam Service Medal with four bronze service stars.

3.  The applicant's three units were each awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and so he is eligible to wear one of those awards.  However, his DD Form 214 should be amended to show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant's three units were also each awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to them.  

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” in item 24 on his DD Form 214; and

	b.  adding the Purple Heart with First Oak Leaf Cluster, three awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, three awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and four bronze service stars for wear on his already-awarded Vietnam Service Medal on 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)                                         AR20080010975



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010975



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1