IN THE CASE OF:	

		BOARD DATE:	  14 April 2009

		DOCKET NUMBER:  AR20080018062 


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 award of a second Purple Heart for wounds received in the Republic of Vietnam on 5 May 1968.  He also requests that the award of the Purple Heart with Oak Leaf Cluster be included on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 July 1988.

2.  The applicant states he was never awarded his second Purple Heart for wounds received on 5 May 1968 as indicated in his citation for the award of the Distinguished Flying Cross.

3.  The applicant provides, in support of his application, copies of his orders for the award of the Purple Heart for wounds received on 23 January 1968 and his orders for the award of the Distinguished Flying Cross for actions on 5 May 1968.

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 military personnel records show he enlisted in the Regular Army on 23 May 1966 and served continuously until his retirement.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in the Republic of Vietnam during the period from 10 October 1967 to 
27 June 1968.  During this period he had been assigned to:

	a.  C Troop, 7th Squadron, 17th Cavalry, from 20 February 1967 to 31 March 1968; and

	b.  F Troop, 8th Cavalry, from 1 April 1968 to 30 June 1968.

4.  Headquarters, Americal Division, General Orders Number 1961, dated 15 April 1968, awarded the applicant the Purple Heart for wounds received in the Republic of Vietnam on 23 January 1968.

5.  Headquarters, Americal Division, General Orders Number 3651, dated 4 July 1968, awarded the applicant the Distinguished Flying Cross for actions on 5 May 1968.  The reason for the award states "On the third pass over the enemy positions, his aircraft was struck several times by the hostile fire, seriously wounding [the applicant] and the other door gunner.  When another round set off an incendiary grenade in the aircraft and started a fire, [the applicant], with disregard for his painful wound, immediately put out the fire."

6.  There are no orders in the applicant's military personnel records jacket showing he was awarded the Purple Heart with Oak Leaf Cluster for wounds suffered on 5 May 1968.

7.  The applicant was assigned to the 344th Medical Detachment in Korea during the period from 9 August 1979 to 2 August 1980.

8.  On 31 July 1988, the applicant was released from active duty and placed on the Retired List on 1 August 1988.  Among the awards listed in item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 is the Vietnam Service Medal.  The award of the Purple Heart is not listed in item 13.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  This document shows that, during the time of the applicant’s assignment in the Republic of Vietnam the units to which he was assigned received following unit awards:

	a.  C Troop, 7th Squadron, received the Presidential Unit Citation (Army) for the period from 31 January to 31 March 1968 based on Department of the Army General (DAGO) Number 60, dated 1969; and

	b.  the 7th Squadron received the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period from 22 February 1967 to 17 May 1968 based on DAGO Number 21, dated 1969.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 600-8-22 states, in pertinent part, that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of decorations (other than the Air Medal).

12.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 shows he served in the Vietnam Counteroffensive, Phase III Campaign (1 June 1967 - 29 January 1968); the Tet Counteroffensive Campaign (30 January 1968 - 1 April 1968); and the Vietnam Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968).

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.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Korea Defense Service Medal.  The Korea Defense Service Medal was authorized by section 543, National Defense Authorization Act, 2003.  This regulation specifies criteria for the award of the Korea Defense Service Medal as follows:  a) service members of the Armed Forces must have served in support of the defense of the Republic of Korea from 28 July 1954 through a future date to be determined by the Secretary of Defense; b) the area of eligibility encompasses all land area of the Republic of Korea, the contiguous waters out to 12 nautical miles, and all air spaces above the land and water areas; and c) service members must have been mobilized with units or assigned or attached to units operating in the area of eligibility and have been physically deployed in the area of eligibility for 30 consecutive or 60 non-consecutive days.  Only one award of the Korea Defense Service Medal is authorized for any individual.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant was awarded the Purple Heart for wounds received on 23 January 1968.  The order awarding the applicant the Distinguished Flying Cross clearly shows he was seriously wounded on 5 May 1968 during the action for which he was being cited.  Therefore, the evidence clearly shows the applicant is entitled the award of the Purple Heart with Oak Leaf Cluster for wounds received in the Republic of Vietnam on 5 May 1968.  It is also appropriate to amend his DD Form 214 with a separation date of 31 July 1988 to include this award.

2.  The applicant was awarded the Distinguished Flying Cross.  Therefore, it is appropriated to amend his DD Form 214 with a separation date of 31 July 1988 to include this award.

3.  The applicant's military personnel records show he participated in three campaigns during his service in Vietnam.  Therefore, he is authorized three bronze service stars to be worn on his Vietnam Service Medal.

4.  Based on his service with C Troop, 7th Squadron, 17th Cavalry, the applicant is authorized the Presidential Unit Citation (Army) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  Based on his service with the 344th Medical Detachment in Korea, the applicant is authorized the Korea Defense Service Medal.

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.  awarding him the Purple Heart with Oak Leaf Cluster for wounds received in the Republic of Vietnam on 5 May 1968; and

	b.  amending item 13 of his DD Form 214 with a separation date of 31 July 1988 to include the Distinguished Flying Cross, the Purple Heart with Oak Leaf Cluster, the Presidential Unit Citation (Army), the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Korea Defense Service Medal.



      __________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)                                         AR20080018062



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ABCMR Record of Proceedings (cont)                                         AR20080018062



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