IN THE CASE OF:	  

		BOARD DATE:	 31 August 2010 

		DOCKET NUMBER:  AR20100008098 


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 three awards of the Purple Heart.

2.  The applicant states, in effect, that his DD Form 214 only shows one award of the Purple Heart when he actually has three certificates for Purple Hearts, issued on 14 March 1966, 4 March 1967, and 6 March 1967.

3.  The applicant submits copies of three Purple Heart certificates and a copy of his Department of Veterans Affairs (VA) Rating Decision dated 7 January 2010 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 records show he enlisted in the Regular Army (RA) on
14 October 1964.

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the Republic of Vietnam (RVN) from  14 January 1966 through 7 January 1967 and was assigned to the 1st Squadron, 4th Cavalry.

4.  Item 40 (Wounds) of his DA Form 20 contains the following entries:

* 24 February 1966 - fragment wounds to right arm and head
* 30 June 1966 - shrapnel left arm and hand

5.  The applicant's name is listed on the Vietnam Casualty Roster under casualty status 23, which refers to "hostile wounded in action - not serious - hospitalized" on 24 February 1966 and 30 June 1966.

6.  General Orders Number 1369, published by Headquarters, 1st Infantry Division, dated 4 March 1967, awarded the applicant the Purple Heart for wounds received in connection with military operations against a hostile force in the RVN on 30 June 1966.

7.  The applicant submitted copies of the following Purple Heart certificates:

* 14 March 1966 for wounds received on 24 February 1966
* 4 March 1967 for wounds received on 24 February 1966
* 6 March 1967 for wounds received on 30 June 1966

8.  On 13 October 1967, the applicant was released from active duty.  He completed a total of 3 years 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, Purple Heart, Vietnam Service Medal, Army Good Conduct Medal, Expert Marksmanship Qualification Badge (Rifle), and Expert Marksmanship Qualification Badge (Pistol).  

9.  The applicant submitted a copy of his VA Rating Decision, dated 7 January 2010, which states that his DD Form 214 noted he was a recipient of a Purple Heart.


10.  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.

11.  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 Vietnam Counteroffensive, Vietnam Counteroffensive Phase II, and Vietnam Counteroffensive Phase III 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.  

12.  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 the award of the following:

* June through July 1966 - Presidential Unit Citation, Department of the Army General Orders Number 31, dated 1967
* 12 July 1965 through 16 October 1968 - Republic of Vietnam Gallantry Cross with Palm Unit Citation, Department of the Army General Orders Number 21, dated 1969

DISCUSSION AND CONCLUSIONS:

1.  The applicant's name is listed twice on the RVN Casualty Roster for wounds received on 24 February and 30 June 1966 while serving in the RVN.  Item 40 of his DA Form 20 also shows that he was wounded on those two dates.  Therefore, his record should be corrected to show award of the Purple Heart with first oak leaf cluster.

2.  Although the applicant submitted three Purple Heart certificates, two were for wounds received on the same date, 24 February 1966.  The certificate dated 
4 March 1967 appears to be a duplication of the first certificate.  There is no evidence in the applicant's record nor did the applicant submit any evidence to show he was wounded on three separate occasions while assigned to the RVN.  Therefore, he is not entitled to have his record corrected to show a third award of the Purple Heart. 

3.  Records show that the applicant participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be worn on his already-awarded Vietnam Service Medal.

4.  General orders awarded the applicant's unit the Presidential Unit Citation and 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 these unit awards.

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 be corrected by:

	a.  deleting from item 24 of his DD Form 214 the Purple Heart and the Vietnam Service Medal and

	b.  adding to item 24 of his DD Form 214 the applicant the Purple Heart with first oak leaf cluster, Presidential Unit Citation, Vietnam Service Medal with three bronze service stars, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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 a third 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)                                         AR20100008098



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1