IN THE CASE OF:
BOARD DATE: 1 April 2010
DOCKET NUMBER: AR20090015656
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 a second award of the Purple Heart.
2. The applicant states, in effect, that he was wounded twice while in the Republic of Vietnam (RVN) but his records only show that he was wounded once.
3. The applicant submits a self-authored statement 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 applicants 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 applicants 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 records show he enlisted in the Regular Army (RA) on
5 July 1967.
3. Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 23 March 1968 through 24 March 1969 and was assigned to the 2nd Battalion, 503d Infantry Regiment, 173d Airborne Brigade.
4. Item 40 (Wounds) of his DA Form 20 shows that he was wounded on 6 May 1968 with broken ribs and on 21 November 1968 with a gunshot wound to his right thigh.
5. The applicant's name is listed on the Vietnam Casualty Roster under casualty status 24, which refers to "hostile wounded in action - not serious - hospitalized" on 6 May 1968 and under casualty status 23 wounded in action - not serious - not hospitalized on 21 November 1968.
6. General Orders Number 1591, published by Headquarters, 173rd Airborne Brigade, dated 10 June 1968, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 6 May 1968.
7. On 2 July 1970, the applicant was released from active duty. He completed a total of 2 years, 11 months, and 28 days of net active service. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, RVN Campaign Medal with Device (1960), Purple Heart, Parachutist Badge, Bronze Star Medal (2nd award), Vietnam Service Medal, Army Good Conduct Medal, Air Medal, and Combat Infantryman Badge.
8. Army Regulation 600-8-22 (Military Awards) states that the bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, including the Purple Heart.
9. Appendix B of Army Regulation 600-8-22 lists the campaigns for the Vietnam Conflict. Based on the applicant's period of service in Vietnam, he participated in the Tet Counteroffensive (30 January 1967 - 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 - 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 - 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969), and Tet 69 Counteroffensive, 1969 (23 February 1969 - 8 June 1969) campaigns. This
same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. A silver service star will be worn in lieu of five bronze service stars.
10. 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 pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 to 26 September 1970, by Department of the Army General Orders Number 51, dated 1971.
DISCUSSION AND CONCLUSIONS:
1. The applicant's name is listed twice on the RVN Casualty Roster for wounds received on 6 May and 21 November 1968 while serving in the RVN. Item 40 of his DA Form 20 also shows that he was wounded on those two dates. Therefore, his should record be corrected to show the second award of the Purple Heart.
2. Records show that the applicant participated in five campaigns during his service in the Republic of Vietnam. Therefore, he is entitled to one silver service star to be worn on his already-awarded Vietnam Service Medal.
3. General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation during his tenure of assignment. Therefore, he is entitled to correction of his records to show this unit award.
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 be corrected by:
a. deleting from item 24 of his DD Form 214 the Purple Heart and Vietnam Service Medal;
b. awarding the applicant the Purple Heart with first oak leaf cluster for wounds received in action on 21 November 1968; and
c. adding to item 24 of his DD Form 214 the Purple Heart with first oak leaf cluster, Vietnam Service Medal with one silver service star, and the Republic of Vietnam Gallantry Cross with Palm 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) AR20090015656
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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