IN THE CASE OF:	  

		BOARD DATE:	  11 August 2009

		DOCKET NUMBER:  AR20090004522 


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 a fourth award of the Purple Heart (correctly known as the Purple Heart with Third Oak Leaf Cluster) and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states that he was wounded in combat on four occasions 
(23 November 1970, 29 March 1971, 2 April 1971, and 23 June 1971) and he received four medals.  He also contends that he received notice of award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation from the National Personnel Records Center in St. Louis, Missouri. 

3.  The applicant provides a letter, dated 28 February 2008, from the National Personnel Records Center and four award certificates for the Purple Heart 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 was inducted into the Army of the United States on 16 March 1970.  He served as an armor crewman assigned to Company C, 2nd Battalion, 34th Armor, in Vietnam from 11 September 1970 through 8 November 1970.  He was assigned to Troop C, 3rd Squadron, 5th Cavalry of the 9th Infantry Division in Vietnam from 9 November 1970 through 25 August 1971.  On 26 November 1971, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

3.  The applicant’s DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with one bronze service star, the Republic of Vietnam Campaign Medal with Device (1960), two awards of the overseas service bar, the Purple Heart with Second Oak Leaf Cluster, the Bronze Star Medal, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

4.  Orders show the applicant received three awards of the Purple Heart for wounds received in action on 23 November 1970, 26 March 1971, and 29 March 1971.

5.  The Vietnam casualty roster also shows the applicant was wounded on 
23 November 1970, 26 March 1971, and 29 March 1971.

6.  There is no evidence of record which shows the applicant was wounded on 
2 April 1971 or 23 June 1971 as a result of hostile action in Vietnam.

7.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States Army Human Resources Command, failed to reveal any orders for the Purple Heart. 

8. 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 (3rd Squadron, 5th Cavalry) is authorized for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 42, dated 1972.

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 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 applicant contends that he was wounded in combat on four occasions  (23 November 1970, 29 March 1971, 2 April 1971, and 23 June 1971).  Orders show he received three awards of the Purple Heart for wounds received in action on 23 November 1970, 26 March 1971, and 29 March 1971 which is properly reflected on his DD Form 214 (i.e., the Purple Heart with Second Oak Leaf Cluster).  In the absence of orders, the award certificates provided by the applicant for award of the Purple Heart for wounds received in action on 2 April 1971 and 23 June 1971 are insufficient as a basis for amending his DD Form 214 to show additional awards of the Purple Heart. 

2.  The applicant's unit (3rd Squadron, 5th Cavalry) was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was assigned to it.  Therefore, his DD Form 214 should be corrected to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Republic of Vietnam Gallantry Cross with Palm Unit Citation on his DD Form 214.
 .
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show four awards of the Purple Heart. 




      _______ _   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)                                         AR20090004522





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ABCMR Record of Proceedings (cont)                                         AR20090004522



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