IN THE CASE OF:	   

		BOARD DATE:	         19 May 2009

		DOCKET NUMBER:  AR20090002049 


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, in effect, the Purple Heart awards are not shown on his DD Form 214. 

3.  The applicant provides a DD Form 214 and two Purple Heart Certificates in support of this application.

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 3 October 1969 and trained as a Crawler Tractor Operator.  He served in the Republic of Vietnam from 5 August 1970 through 4 August 1971 while assigned to the 15th Engineer Company (LE). On 6 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.

3.  Block 24 (Decorations, Medals, Badges Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the National Defense Service Medal, Good Conduct Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 18th Engineer Brigade General Order Number 402, dated 
28 March 1971, awarded the applicant the Purple Heart for wounds received in hostile action on 21 December 1970.

5.  Headquarters, 35th Engineer Group (Construction) General Order Number 42, dated 7 July 1971, awarded the applicant the Purple Heart for wounds received in hostile action on 30 April 1971.

6.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

7.  Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 334, dated 30 November 1969, awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14) and the Expert Marksmanship Qualification Badge with Grenade Bar.

8.  Headquarters, U.S. Army Training Center Engineer, Fort Leonard Wood, MO, Special Orders Number 153, dated 2 June 1970, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

9.  Headquarters, 18th Engineer Brigade General Order Number 61, dated 
24 January 1971, awarded the applicant the Army Commendation Medal for the period from 20 November to 5 December 1970.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment 

for 1 or more days with an organization participating in or directly supporting military operations.

11.  Appendix B of Army Regulation 600-8-22 shows the campaigns for the Republic of Vietnam.  During the applicant's tour in the Republic of Vietnam he participated in two campaigns:  the Vietnam Counteroffensive Phase VII (1 July 1970 – 30 June 1971) and Consolidation I (1 July 1971 – 30 November 1971).  This same regulation states that a bronze service star is authorized for wear on the Vietnam Service Medal for participation in each campaign.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Campaign Medal Device (1960).  This medal was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.  Qualifying service outside the geographical limits of the Republic of Vietnam required the individual to provide direct combat support to the Republic of Vietnam and Armed Forces.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This document shows the unit, to which the applicant was assigned while in the Republic of Vietnam, was cited for award of the Vietnam Gallantry Cross with Palm Unit Citation for the period 3 May 1970 to 30 April 1971 by Department of the Army General Order Number 6, dated 1974.

14.  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 Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show two awards of the Purple Heart has been carefully reviewed and found to have merit.

2.  General orders awarded the applicant two awards of the Purple Heart.  Therefore, he is entitled to the Purple Heart with First Oak Leaf Cluster and correction of his records to show this award.



3.  Special orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).  Therefore, he is entitled to have his records corrected to show these awards.

4.  General orders awarded the applicant the Army Commendation Medal.  Therefore, his entitled to have his records corrected to show this award.

5.  The applicant served a period of qualifying service for award of the Vietnam Service Medal and the Vietnam Campaign Medal with Device (1960).  He also participated in two campaigns while in the Republic of Vietnam.  Therefore, he is entitled to the Vietnam Service Medal with two bronze service stars and the Republic of Vietnam Campaign Medal with Device (1960), and correction of his records to show these awards.

6.  General Orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he is entitled to this unit award and correction of his records to show the same.

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.  deleting from Block 24 of the applicant's DD Form 214 the entry "Sharpshooter Badge with Rifle Bar"; and

	b.  adding to Block 24 of the applicant's DD Form 214 the Purple Heart with First Oak Leaf Cluster, Army Commendation Medal, Vietnam Service Medal with 


two bronze service stars, Republic of Vietnam Campaign Medal with Device 
(1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), Sharpshooter 
Marksmanship Qualification Badge with Rifle Bar (M-14), and the Expert Marksmanship Qualification Badge with Grenade Bar.



      _________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)                                         AR20090002049



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ABCMR Record of Proceedings (cont)                                         AR20090002049



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