IN THE CASE OF:	  

		BOARD DATE:	  25 November 2008

		DOCKET NUMBER:  AR20080014923 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he was awarded two awards of the Purple Heart (correctly known as the Purple Heart with 1st Oak Leaf Cluster (OLC)).

2.  The applicant states, in effect, that he has a copy of an award certificate, dated 28 April 1968, which shows that he was awarded the Purple Heart 
(1st OLC).

3.  The applicant provides a copy of his DD Form 214 and a copy of an award certificate awarding him the Purple Heart with 1st OLC in support of his request. 

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's record shows he was inducted into the Army on 29 August 1967.  He was trained in military occupational specialty (MOS) 11B (Light Weapons Infantryman).  

3.  The applicant served in Vietnam from 5 February 1968 to 4 February 1969.  While in Vietnam he was assigned to Company A, 4th Battalion, 47th Infantry, 9th Infantry Division.  He served until he was honorably released from active duty on 28 August 1969. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Purple Heart, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Air Medal, two Overseas Service Bars, the Good Conduct Medal, and the Combat Infantryman Badge.  His DD Form 214 does not show any additional awards.

5.  The applicant's name appears on the Vietnam Casualty List for a wound received on 7 March 1968 and on 5 April 1968.  

6.  The applicant's DA Form 20 (Enlisted Qualification Record), item 40 (Wounds) contains the entry "FW (R) ARM" (fragmentation wound to the right arm).  Item 41 (Awards and Decorations) show he was awarded the Purple Heart by General Orders Number 1792 and by General Orders Number 2805, both orders were published by Headquarters, 9th Infantry Division.  His records contain a copy of both orders.

7.  The applicant's record contains a copy of orders awarding him the Army Commendation Medal for meritorious service in connection with military operations against a hostile force during the period February 1968 through January 1969.  This award is not shown on his DD Form 214.

8.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  He served during the Tet Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam Counteroffensive Phase V, and Vietnam Counteroffensive Phase VI campaigns.

9.  Department of the Army Pamphlet 672-3 shows that the applicant's unit during his tenure of assignment in Vietnam was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army 
General Orders (DAGO) Number 31, dated 1969; and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by DAGO 59, dated 1969.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Purple Heart on two occasions; however, only one award is shown on his DD Form 214.  His second award of the Purple Heart was omitted from his DD Form 214.  He is therefore entitled to correction of his DD Form 214 to show the already-awarded Purple Heart with 1st OLC.

2.  The evidence of record shows the applicant was awarded the Army Commendation Medal; however, it was omitted from his DD Form 214.  He is therefore entitled to correction of his DD Form 214 to show the already-awarded Army Commendation Medal.

3.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns; therefore, he is entitled to correction of his DD Form 214 to show award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show these unit awards.

BOARD VOTE:

___X____  ___X____  ___X___  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.  adding the already-awarded Purple Heart with 1st Oak Leaf Cluster and the already-awarded Army Commendation Medal to his DD Form 214; and 

	b.  amending the DD Form 214 to show four bronze service stars to be worn on the already-awarded Vietnam Service Medal and to add the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



      __________X____________
               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)                                         AR20080014923



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014923



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1