IN THE CASE OF:	  

		BOARD DATE:	  2 June 2011

		DOCKET NUMBER:  AR20100026802


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 he was wounded and lost his left hand, but he did not receive a second award of the Purple Heart.

3.  The applicant provides:

* DD Form 214
* 29 June 1970 letter from his company executive officer
* Purple Heart Certificate and order for wounds he received on 28 May 1969
* DA Form 8-118 (Medical Board Proceedings) detailing wounds on 1 April 1970

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 for 2 years on 15 October 1968.  He was trained in military occupational specialty (MOS) 11D (Armor Reconnaissance Specialist) and sent to Vietnam.

3.  The applicant arrived in Vietnam on or about 16 April 1969 and he was assigned to A Troop, 1st Squadron, 11th Armored Cavalry Regiment.

4.  General Orders Number 101, Headquarters, 11th Armored Cavalry Regiment, Vietnam, dated 5 August 1969, awarded the applicant the Purple Heart for wounds received in action on 28 May 1969.

5.  On 1 April 1970, the applicant was seriously wounded when an RPG (rocket-propelled grenade) exploded against the .50 caliber shield on his armored personnel carrier.  He was evacuated to the 45th Surgical Hospital, Tay Ninh, Vietnam, where his left hand was amputated and his other wounds were debrided.  He was medically evacuated to the U.S. Army Hospital, Camp Zama, Japan and then to Letterman General Hospital, San Francisco, CA.

6.  At Letterman General Hospital, the applicant was found unfit for duty, underwent physical disability processing, and subsequently, he was retired.  His DD Form 214 shows he was retired on 29 October 1970 after 1 year, 11 months, and 5 days of creditable active Federal service.

7.  The applicant's DD Form 214 shows he was awarded:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* 1 Overseas Service Bar
* Combat Infantryman Badge
* Purple Heart



8.  The applicant's records contain the following orders:

   a.  Special Orders Number 235, Headquarters, 3rd Basic Combat Training Brigade, U.S. Army Training Center, Infantry, Fort Ord, CA, dated 29 November 1968, awarded the applicant the Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
   
   b.  Special Orders Number 23, Headquarters, 2nd Combat Support Training Brigade, U.S. Army Training Center, Armor, Fort Knox, KY, dated 11 February 1969, awarded the applicant the Second Class Gunner (Marksman Marksmanship Qualification) Badge with Machine Gun Bar (M-60).

   c.  General Orders Number 1893, Headquarters, II Field Force Vietnam, dated 15 May 1970, awarded the applicant the Army Commendation Medal with "V" Device for heroism in connection with military operations against a hostile force on 1 April 1970.  This general order references the applicant's wounding on 1 April 1970.

9.  The Vietnam Casualty Roster listed the applicant as having been wounded on 1 April 1970.

10.  Army Regulation 600-8-22 (Military Awards) states a bronze service star is worn on the appropriate service ribbon, to include the Vietnam Service Medal, for each credited campaign.  During the applicant's tenure in Vietnam, there were three credited campaigns – Tet 69 Counteroffensive, 23 February 196 – 8 June 1969; Vietnam Summer – Fall 1969, 9 June – 31 October 1969; and Vietnam Winter-Spring 1970, 1 November 1969 – 30 April 1970.

11.  Department of the Army General Orders Number 8, dated 1974, announced   award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of a second Purple Heart.

2.  Evidence of record confirms the applicant was wounded twice in action.  He was first wounded on 28 May 1969, for which he received a Purple Heart.  He 


was later wounded on 1 April 1970, but there is no record he was awarded or received a second Purple Heart.  His DD Form 214 should be corrected to show the Purple Heart (2d Award).

3.  Orders show the applicant was awarded the Army Commendation Medal with "V" Device, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and Second Class Gunner Badge with Machine Gun Bar (M-60).  These should be added to his DD Form 214.

4.  The applicant's DD Form 214 requires other corrections.  His Vietnam Service Medal does not reflect any bronze service stars; however, he participated in        3 campaigns.  His DD Form 214 should be corrected to show the Vietnam Service Medal with 3 bronze service stars.

5.  Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973 were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  This foreign unit award should be added to the applicant's 
DD Form 214.

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 (1st Oak Leaf Cluster) for wounds received on 1 April 1970; and

   b.  adding the Army Commendation Medal with "V" Device, Purple Heart (2d Award), Vietnam Service Medal with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Expert Marksmanship Qualification Badge with Rifle Bar  (M-14), and Second Class Gunner Badge with Machine Gun Bar (M-60) to his DD Form 214.



      _______ _   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)                                         AR20100026802



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ABCMR Record of Proceedings (cont)                                         AR20100026802



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