IN THE CASE OF:	  

		BOARD DATE:	  15 February 2011

		DOCKET NUMBER:  AR20100019991 


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 award of the Purple Heart.

2.  He does not submit any statements.

3.  He provides a copy of his DD Form 214.

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 28 August 1964 and was discharged on 11 November 1965 for immediate reenlistment.

3.  He reenlisted on 12 November 1965 for a period of 3 years.

4.  He arrived in Vietnam on or about 14 January 1966 and was assigned to Headquarters and Headquarters Company, 1st Battalion, 16th Infantry Regiment.  On 4 February 1966, he was reassigned to Company C for the remainder of his tour of duty in Vietnam.

5.  His service record contains a Casualty Report, dated 16 March 1966, which indicates he was wounded by a metal fragment in his right wrist when a hostile booby trap detonated on 12 March 1966 in Vietnam.

6.  Headquarters, 1st Infantry Division, General Orders Number 3766, dated 9 December 1966, show he was awarded the Purple Heart (First Oak Leaf Cluster) for wounds received on 15 March 1966.

7.  His service record does not include orders for the first award of the Purple Heart.

8.  His DA Form 20 (Enlisted Qualification Record) shows:

* Item 40 (Wounds) – he was wounded in his arm and back on an unspecified date in March 1966
* Item 41 (Awards and Decorations) – does not list the Purple Heart

9.  His name is listed only once on the Vietnam casualty roster for wounds received in action on 12 March 1966.

10.  He departed Vietnam on or about 13 January 1967 after participating in the Vietnam Counteroffensive and Vietnam Counteroffensive Phase II campaigns.

11.  He was released from active duty on 23 August 1968.

12.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 23 August 1968 shows the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal
* Vietnam Service Medal
* Combat Infantryman Badge

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 1st Battalion, 16th Infantry Regiment, was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 12 July 1965 to 16 October 1968 by Department of the Army General Orders Number 21, dated 1969
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period October 1965 to 7 April 1970 by Department of the Army General Orders Number 53, dated 1970

14.  A review of the Awards and Decorations Computer-Assisted Retrieval System, 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, revealed General Orders Number 3766, dated 9 December 1966, for award of the Purple Heart (First Oak Leaf Cluster).

15.  References:

	a.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.  A bronze oak leaf cluster is awarded to denote the second and succeeding awards of the Purple Heart.

	b.  Army Regulation 600-8-22 states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Purple Heart (First Oak Leaf Cluster) for wounds he received on 15 March 1966.  Although the bronze oak leaf cluster denotes a second award of the Purple Heart, his service record is void of orders which show he was awarded the first award of the Purple Heart. However, it would be appropriate to amend his DD Form 214 for the period ending 23 August 1968 to show the Purple Heart (First Oak Leaf Cluster) based on these orders.

2.  He was assigned to a unit in Vietnam during periods they were cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction his DD Form 214 for the period ending 23 August 1968 to show these awards.

3.  His DD Form 214 currently reflects the Vietnam Service Medal.  Additionally, he received credit for participation in two campaigns during the Vietnam War.  Therefore, his DD Form 214 should be amended to reflect two bronze service stars for wear on his already-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 the evidence presented is 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.  deleting the Vietnam Service Medal from item 24 of his DD Form 214 for the period ending 23 August 1968 and replacing it with the Vietnam Service Medal with two bronze service stars and

	b.  adding the Purple Heart (First Oak Leaf Cluster), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation to item 24 of his DD Form 214 for the period ending 23 August 1968.



      _______ _ 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)                                         AR20100019991



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ABCMR Record of Proceedings (cont)                                         AR20100019991



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