BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110011130 


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 a second Purple Heart.

2.  The applicant states he should have received a second Purple Heart for wounds received in combat on 6 July 1970 while serving in the Republic of Vietnam (RVN).

3.  The applicant provides copies of his DD Form 214; DD Form 215 (Correction to DD Form 214); casualty message, dated 6 July 1970; an event calendar for July 1970; DA Form 3349 (Medical Condition -Physical Profile Record), dated 
29 July 1970; Standard Form (SF) 513 (Clinical Record - Consultation Sheet), dated 17 and 28 July 1970; SF 519-A (Radiographic Report), dated 20 July 1970 and 15 June 1971; SF 600 (Chronological Record of Medical Care), dated 
19 July 1970 through 8 January 1971; and a letter of support, dated 20 April 2011.

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 military records are not available to the Board for review.  However, there are sufficient documents available for the Board to conduct a fair and impartial review of this case.

3.  The applicant's DD Form 214, as corrected by DD Form 215, shows:

	a.  he was inducted into the Army of the U.S. on 23 July 1969;

	b.  he was awarded military occupational specialty 91B (Medical Corpsman);

	c.  he served in the RVN from 6 January to 29 November 1970;

	d.  he was awarded or authorized:

* Purple Heart
* Bronze Star Medal
* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* RVN Campaign Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Combat Medical Badge

	e.  he attained the rank of specialist four, pay grade E-4, and completed 
2 years of creditable active duty service; and

	f.  on 22 July 1971, he was released from active duty with an honorable characterization of service.

4.  The applicant’s name is listed twice on the Vietnam Casualty Roster, indicating he was wounded in action on 1 May and 6 July 1970.
	
5.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.
6.  The documents provided by the applicant show the following:

	a.  A casualty message shows he received fragment wounds to his left arm, right leg, and right side of his back on 6 July 1970.

	b.  An SF 513, dated 14 July 1970, indicates he received medical treatment for shrapnel wounds received on 7 July 1970.

	c.  The letter of support, dated 20 April 2011, states the applicant was wounded on 6 July 1970 when his platoon came under attack by a small force of North Vietnamese Army soldiers.  He continued to treat other Soldiers until he was air-evacuated to medical facilities.

7.  Army Regulation 600-8-22 (Military Awards):

	a.  This regulation provides for award of the Purple Heart to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  An Oak Leaf Cluster denotes each subsequent award of the Purple Heart.

	b.  Appendix B of this regulation indicates, based on the applicant's dates of service in the RVN, that he participated in the following three campaign periods: the Vietnam Winter-Spring 1969; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

8.  Department of the Army General Orders 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, United States Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show award of a second Purple Heart.


2.  The available evidence as indicated on the Vietnam Casualty Roster clearly shows the applicant was wounded in action on two separate occasions and received medical treatment.  Therefore, his DD Form 214 should be corrected to show award of the Purple Heart with an Oak Leaf Cluster.

3.  The available evidence clearly shows the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is authorized three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

4.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his DD Form 214 should be corrected to show this foreign unit award.

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 for wounds received in action on 6 July 1970; 

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








	c.  adding in item 24 of his DD Form 214:

* Purple Heart with Oak Leaf Cluster
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation





      _______ _   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)                                         AR20110011130



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ABCMR Record of Proceedings (cont)                                         AR20110011130



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