BOARD DATE:	  16 July 2009

		DOCKET NUMBER:  AR20090002632 


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) for the period ending 3 October 1969 to show a second award of the Purple Heart (correctly known as the Purple Heart with First Oak Leaf Cluster) and the Bronze Star Medal. 

2.  The applicant states that he received two awards of the Purple Heart and the Bronze Star Medal; however, only the Purple Heart is shown on his DD Form 214 for the period ending 3 October 1969. 

3.  The applicant provides DA Forms 1577 (Authorization for Issuance of Awards), dated 20 March 1980 and 22 July 1980; a copy of his DD Form 214 for the period ending 3 October 1969; award certificates for the Bronze Star Medal and the Purple Heart for wounds received on 14 December 1967; a letter, dated 23 July 1980, from the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri; and a letter, dated 3 January 1975, from the Veterans Administration in support of his 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 12 January 1965 for a period of 3 years.  He trained as a light weapons infantryman and was honorably discharged on 3 October 1966 for immediate reenlistment.  On 4 October 1966, he reenlisted for a period of 3 years.  He served as a light weapons infantryman assigned to Company A, 2nd Battalion, 14th Infantry in Vietnam from 7 October 1967 through 23 January 1968.  He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 14th Infantry in Vietnam from 24 January 1968 through 3 October 1968.  On 3 October 1969, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining service obligation.  

3.  The applicant’s DD Form 214 for the period ending 3 October 1969 shows the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the Overseas Service Bar, the Good Conduct Medal, the Combat Infantryman Badge, the Purple Heart, and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Headquarters, 25th Infantry Division General Orders Number 185, dated 
13 January 1968, show the applicant received the Purple Heart for wounds received in action on 14 December 1967 in Vietnam. 

5.  There are no orders for a second award of the Purple Heart in the available records.  However, the Vietnam Casualty Roster shows he was wounded on 
14 December 1967 and on 26 December 1967.

6.  Headquarters, 25th Infantry Division General Orders Number 7267, dated 
14 October 1968, show the applicant received the Bronze Star Medal. 

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, 14th Infantry) is eligible for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 48, dated 1971.  

8.  Department of the Army Pamphlet 672-3 also shows the applicant's unit 
(2nd Battalion, 14th Infantry) is eligible for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 51, dated 1971.  

9.  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 by medical personnel, and the medical treatment must have been made a matter of official record.  The regulation also states that the bronze 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 entry on the Vietnam Casualty Roster which shows the applicant was wounded on 26 December 1967 is accepted as sufficient evidence on which to base a second award of the Purple Heart.  Therefore, his DD Form 214 for the period ending 3 October 1969 should be corrected to show the Purple Heart with First Oak Leaf Cluster.

2.  Orders show the applicant received the Bronze Star Medal.  Therefore, his DD Form 214 for the period ending 3 October 1969 should be corrected to show this medal. 

3.  The applicant’s unit (2nd Battalion, 14th Infantry) 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 while he was assigned to it.

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 First Oak Leaf Cluster for wounds received on 26 December 1967 in Vietnam; and

	b.  amending his DD Form 214 for the period ending 3 October 1969 to add the Purple Heart with First Oak Leaf Cluster in lieu of the Purple Heart now listed, the Bronze Star Medal, 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)                                         AR20090002632





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002632



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1