IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100014838 


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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show two awards of the Purple Heart, in effect, the Purple Heart with Oak Leaf Cluster, and the Combat Infantryman Badge.

2.  The applicant states only one Purple Heart is shown on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 26 December 1969.

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 14 May 1968 for a 2-year period.  He completed his initial entry training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  The highest rank he attained was specialist four (SP4)/pay grade E-4.

3.  The applicant served in the Republic of Vietnam from 24 October 1968 to 23 October 1969 with Company D, 2nd Battalion, 7th Cavalry, 1st Calvary Division. 

4.  The applicant was honorably released from active duty on 26 December 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory military service obligation.  The DD Form 214 he was issued confirms he competed 1 year, 7 months, and 13 days of total active service with 10 months and 18 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he received one award of the Purple Heart.  In addition, it shows he received the following awards:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal [with Device (1960)]
* Vietnam Service Medal 
* Bronze Star
* Air Medal

6.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was wounded twice.  He received fragment wounds to his right foot on 20 March 1969 and to his left knee on 10 June 1969.

7.  The available records contain Headquarters, 1st Air Cavalry Division, General Orders Number 3544, dated 23 March 1969, which show the applicant was awarded the Purple Heart for wounds received by hostile fire on 20 March 1969.  Headquarters, 1st Air Cavalry Division, Special Orders Number 130, dated
10 May 1969, awarded him the Combat Infantryman Badge.

8.  A 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 U.S. Army Human Resources Command, failed to reveal orders awarding the applicant a second Purple Heart.


9.  The applicant's name is listed twice on the Vietnam casualty roster as being injured during combat operations on 20 March 1969 and again on 10 June 1969.  

10.  The applicant was awarded the Second Class Gunner Badge with Machine Gun Bar on 10 September 1968 by Special Orders Number 221 issued by Headquarters, U.S. Army School and Training Center, Fort McClellan, AL.  He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar on 3 July 1968 by Special Orders Number 125 issued by Headquarters, First Combat Training Brigade, Fort Ord, CA.

11.  References:

   a.  Army Regulation 600-8-22 (Military Awards), paragraph 2-13, contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* Tet 69, Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)

	b.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) was published to assist commanders and personnel officers in determining or establishing the eligibility of Soldiers for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  This pamphlet shows that while the applicant was assigned to the 2nd Battalion, 7th Cavalry, his unit was awarded the following awards:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period May 1969 to February 1970 by Department of the Army General Order (DAGO) 11, dated 1973
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970, by DAGO 42, dated 1972

	c.  Army Regulation 600-8-22 states an 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's name is listed on the Vietnam casualty roster twice showing he was wounded by hostile fire on 20 March 1969 and 10 June 1969.  He received one Purple Heart for wounds incurred on 20 March 1969.  Therefore, it would be appropriate to award him a second Purple Heart for wounds incurred on 10 June 1969, otherwise known as Purple Heart with First Oak Leaf Cluster.  

2.  Special orders show the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

3.  Special orders show the applicant was awarded the Second Class Gunner Badge with Machine Gun Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  Therefore, he is entitled to a correction of his record to show these two marksmanship qualification badges.

4.  During the applicant's assignment in Vietnam his unit 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.  Therefore, he is entitled to correction of his DD Form 214 to show these two unit awards.

5.  The applicant participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars to be affixed to his previously-awarded Vietnam Service Medal.

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 incurred on 10 June 1969 in the Republic of Vietnam;
   
   b.  deleting from item 24 of his DD Form 214 the Vietnam Service Medal; and
   
   c.  adding to item 24 of his DD Form 214 the:
   
* Purple Heart First with Oak Leaf Cluster
* Combat Infantryman Badge
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Second Class Gunner Badge with Machine Gun Bar 
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar




      __________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)                                         AR20100014838



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ABCMR Record of Proceedings (cont)                                         AR20100014838



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