IN THE CASE OF:	  

		BOARD DATE:	  27 October 2009

		DOCKET NUMBER:  AR20090010264 


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, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect he earned four awards of the Purple Heart (PH) or the PH with 3rd Oak Leaf Cluster (4th Award).

2.  The applicant states, in effect, that although he earned four PHs while serving in the Republic of Vietnam (RVN), his DD Form 214 only shows three of these awards.

3.  The applicant provides PH award orders and Western Union telegrams 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's military record shows he enlisted in the Regular Army and entered active duty on 17 January 1967.  He was trained in, awarded, and served in military occupational specialty 71B (Clerk Typist).

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 3 July 1967 through 29 January 1969.  Item 40 (Wounds) contains three entries which show the applicant sustained fragment wounds to his right shoulder on 28 September 1967, a fragment wound to his right forearm on 27 October 1967, and fragment wounds to his left arm and right leg on 25 March 1968.

4.  Item 41 of the applicant's DA Form 20 shows he earned the following awards during his tenure on active duty:  National Defense Service Medal, Vietnam Service Medal, PH with 2nd Oak Leaf Cluster (3rd Award), Army Commendation Medal with 1st Oak Leaf Cluster (2nd Award), Bronze Star Medal with "V" Device, Army Good Conduct Medal, Combat Infantryman Badge, RVN Campaign Medal with Device (1960), three overseas service bars, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  The applicant's military personnel records jacket includes the following three authenticated general orders (GO) issued by Headquarters, 1st Cavalry Division, which awarded the applicant PHs for being wounded in action (WIA) on the dates indicated:  GO Number 6072, dated 4 October 1967, WIA 27 September 1967; GO Number 6614, dated 1 November 1967, WIA 27 October 1967; and GO Number 1669, dated 19 March 1968 [sic], WIA 25 March 1968.  The record also contains a fourth unsigned order (GO Number 1194), dated 29 February 1968, which also awarded the applicant the PH (2nd Award) for being WIA in the RVN on 27 October 1967.

6.  During the processing of this case, a member of the Board’s staff reviewed the Department of the Army Vietnam casualty roster and found three entries pertaining to the applicant that confirmed he was WIA in the RVN on 27 September 1967, 27 October 1967, and 25 March 1968.  There is no entry indicating he was WIA in the RVN a fourth time.

7.  On 16 January 1970, the applicant was honorably released from active duty in the rank of sergeant/E-5 after completing 3 years of creditable active military service.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) includes an entry which shows he earned the three PH awards.

8.  During the processing of this case, a member of the Board’s staff reviewed the Vietnam casualty roster.  The applicant's name is included on this casualty list three times to show that he was wounded in action on 27 September 1967, 27 October 1967, and 25 March 1968.

9.  The applicant provides a copy of the four aforementioned PH award orders.  He also provides copies of two Western Union telegrams that were used to notify his parents about his wounding in the RVN on 27 September 1967 and 25 March 1968.

10.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.  Paragraph 1-19 contains guidance on duplication of awards and states, in pertinent part, that only one decoration will be awarded to an individual or unit for the same act, achievement, or period of meritorious service.

11.  Paragraph 2-8 of the awards regulation contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, an oak leaf cluster is awarded for a second and subsequent award of the PH.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that he earned and was awarded four PHs while serving in the RVN was been carefully considered.  However, there is insufficient evidence to support this claim.  

2.  The evidence of record confirms that the applicant was WIA in the RVN on the following three dates:  27 September 1967, 27 October 1967, and 25 March 1968, as evidenced by entries in item 40 of his DA Form 20 and on the Vietnam casualty roster, and by PH orders on file in his record.  There are no record entries of valid orders corroborating that the applicant was WIA a fourth time.  Therefore, the current PH (3rd Award) appears to be valid and is supported by the applicant's record.  

3.  A fourth unsigned PH award on file (GO Number 1194, dated 29 February 1968) was not authenticated by proper authority and appears to be a duplicate award of the PH authorized and announced in GO Number 6614, dated 1 November 1967, which awarded the applicant the PH for the applicant being WIA in the RVN on 27 October 1967.  As a result, since there is no evidence supporting a conclusion that the applicant was wounded in two separate actions on 27 October 1967, and given this award order was not signed and approved by proper authority, it is not sufficiently credible to support adding a fourth award of the PH to the applicant's record and DD Form 214.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. 

5.  The applicant and all others concerned should know that this action related to award of a fourth PH in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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)                                         AR20090010264



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090010264



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1