IN THE CASE OF:	  

		BOARD DATE:	    25 January 2011

		DOCKET NUMBER:  AR20100017770 


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 Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 
6 May 1967 be corrected to show he was awarded five Purple Hearts and two Bronze Star Medals.

2.  The applicant states he was awarded the Purple Heart five times and his 
DD Form 214 only reflects one.  He was also awarded two Bronze Star Medals.

3.  The applicant provides copies of:

* two sets of orders awarding him the Bronze Star Medal with "V" device
* his certificate for the award of the Bronze Star Medal for meritorious service

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 enlisted in the Regular Army on 5 June 1962 for a period of 
3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 11B (Light Weapons Infantryman).  He reenlisted on 17 December 1963 for a period of 3 years.

3.  The applicant was assigned to Company A, 7th Cavalry, 1st Cavalry Division in the Republic of Vietnam from 10 May 1966 to 3 May 1967.

4.  Headquarters, 1st Cavalry Division (Airmobile) published General Orders:

* Number 316, dated 25 January 1967, awarding the applicant the Air Medal for the period from May 1966 to January 1967
* Number 599, dated 5 February 1967, awarding him the Purple Heart for wounds received on 24 June 1966
* Number 1763, dated 17 April 1967, awarding him the Purple Heart with First Oak Leaf Cluster for wounds received on 9 April 1967
* Number 2740, dated 30 May 1967, awarding him the Bronze Star Medal with "V" device for heroism in action on 3 September 1966
* Number 3402, dated 20 June 1967, awarding him the Bronze Star Medal for meritorious service from May 1966 to May 1967
* Number 5324, dated 8 September 1967, awarding him the Bronze Star Medal (Second Oak Leaf Cluster) with "V" device for heroism in action on 
24 March 1967

5.  Item 40 (Wounds) of the applicant's DA Form 20 (Enlisted Qualification Record) contains the brief description of wounds for:

* Gunshot wound right upper chest, dated 24 June 1966
* Abrasion right hand, dated 9 April 1967

6.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he was awarded the Purple Heart and the Purple Heart with First Oak Leaf Cluster. His Bronze Star Medals are not shown.

7.  On 6 May 1967, the applicant was released from active duty.  He had completed 3 years, 4 months, and 20 days of active service that was characterized as honorable.  Item 24 of his DD Form 214 shows he was awarded the Purple Heart.  There are no entries indicating he was awarded the Bronze Star Medal.
8.  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 additional orders awarding the applicant the Purple Heart.

9.  The applicant is listed on the Vietnam Casualty Roster as being wounded by:

* hostile, wounded in action, not serious, hospitalized, date of casualty as 24 June 1966
* hostile, wounded in action, not serious, hospitalized, date of casualty as 
9 April 1967

10.  Based on the applicant's dates of service in Vietnam, Table B-1 of Army Regulation 600-8-22 (Military Awards) shows he served in the:

* Vietnam Counteroffensive Campaign (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive, Phase II Campaign (1 July 1966 - 31 May 1967)

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that, during the time of the applicant’s assignment to Company A, 2nd Battalion, 7th Cavalry the unit received the:

* Presidential Unit Citation (Army) for the period 25 August 1966 to 4 April 1967
* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 17 November 1965 to 19 May 1969

12.  Army Regulation 600-8-22 (Military Awards) authorizes award of a bronze service star based on qualifying service for each campaign listed in Appendix B of this regulation.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign and service medal, which in this case is the Vietnam Service Medal.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Purple Heart five times and two Bronze Star Medals.

2.  Orders for award of the Purple Heart, item 40 of the applicant's DA Form 20, and the Vietnam Casualty Listing all show he was wounded on 24 June 1966 and 9 April 1967.  There is no substantive evidence of the applicant being wounded by hostile action on any other date.  His orders show he has been awarded the Purple Heart with First Oak Leaf Cluster.  

3.  There are no additional orders in the applicant's official military personnel file (OMPF) or in ADCARS showing he was awarded more than two Purple Hearts.   In the absence of military records which show that the applicant was wounded or treated for wounds resulting from hostile action on additional dates, there is insufficient evidence upon which to base additional awards of the Purple Heart in this case.

4.  In view of the above, it is appropriate to show the Purple Heart with First Oak Leaf Cluster on his DD Form 214.

5.  Orders show the applicant was awarded two Bronze Star Medals with "V" device for actions on 3 September 1966 and 24 March 1967.  He was also awarded the Bronze Star Medal for meritorious service from May 1966 to May 1967.  Orders show he was awarded the Bronze Star Medal with Second Oak Leaf Cluster with "V" device on 8 September 1967.  Therefore, it is appropriate to show this award on his DD Form 214.

6.  Orders show the applicant was awarded the Air Medal.  Therefore, it is appropriated to show this award on his DD Form 214.

7.  Based on the applicant's service with Company A, 2nd Battalion, 7th Cavalry he is authorized the:

* Presidential Unit Citation (Army)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

8.  The applicant's military personnel records show he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars to be worn on his Vietnam Service Medal.  


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 amending item 24 of his DD Form 214 with an effective date of 6 May 1967 to add the:

* Bronze Star Medal with Second Oak Leaf Cluster and "V" device
* Purple Heart with First Oak Leaf Cluster (vice the Purple Heart)
* Air Medal
* Presidential Unit Citation (Army)
* Vietnam Service Medal with two bronze service stars (vice the Vietnam Service Medal)
* 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 more than two 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)                                         AR20100017770





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ABCMR Record of Proceedings (cont)                                         AR20100017770



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