BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110019175 


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 add to the Purple Heart (2nd Award) and issuance of a DD Form 215 (Correction to DD Form 214).

2.  He states an administrative error occurred in which his second Purple Heart was omitted from his records.

3.  He did not provide any additional evidence.

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 6 September 1967.  After completion of training, he was awarded military occupational specialty 11B (Light Weapons Infantryman) and assigned to duty in Vietnam.

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

* item 31 (Foreign Service) – he served in the Republic of Vietnam (RVN) from 23 February 1968 through 15 February 1969
* item 38 (Record of Assignments) – he was assigned to Company C, 2nd Battalion, 12th Cavalry Regiment, 1st Cavalry Division (Airmobile) 
(redesignated 1st Air Cavalry Division)
* item 40 (Wounds) – he received a fragment wound to his head on 30 November 1968
* item 41 (Awards and Decorations) – Headquarters, 1st Air Cavalry Division, General Orders (GO) Number 340, awarded him the Purple Heart
* item 41 – no entry for award of a second Purple Heart

4.  The applicant's record contains a Western Union Telefax message, dated 1 December 1968, which was addressed to his next of kin (NOK).  The message shows he received a wound to his head when he was hit by fragments from a friendly artillery round fired at a hostile force on 30 November 1968.  He was treated and hospitalized in Vietnam.

5.  His record also contains a DA Form 1594 (Daily Staff Journal or Duty Officer Log) recorded by the 24th Evacuation Hospital, Vietnam, on 6 December 1968.  This document shows the applicant received a laceration to his scalp and a foot injury which required amputation of his middle toe.  Both injuries occurred in the same incident.

6.  A second Western Union message (Progress Report), dated 7 December 1968, shows the applicant's middle toe of his right foot was amputated as a result of the incident which was previously reported to his NOK.

7.  His record includes a copy of Headquarters, 1st Air Cavalry Division, GO Number 340, dated 7 January 1969, announcing award of the Purple Heart to him for wounds he received on 30 November 1968.  His record contains no other orders showing he was awarded a second Purple Heart.

8.  The Vietnam casualty roster shows he was wounded and hospitalized as a result of injuries from hostile action on 30 November 1968.

9.  On 5 September 1969, he was released from active duty after completing 2 years of honorable active service.  His DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Vietnam Service Medal (VSM) with two bronze service stars
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Bronze Star Medal
* Air Medal
* two overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)
* Sharpshooter (formerly 1st Class Gunner) Marksmanship Qualification Badge with Rifle Bar (M-16) and Machine Gun Bar (M-60)

10.  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, failed to reveal any orders for a second award of the Purple Heart.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states:

	a.  Not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

	b.  A bronze service star is worn on the appropriate service ribbon, to include the VSM, for each credited campaign.  The Vietnam campaigns are listed in appendix B.  His record shows his service in Vietnam coincided with four campaigns:

* Tet Counteroffensive (30 January-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April-30 June 1968)
* Vietnam Counteroffensive Phase V (1 July-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  The pamphlet shows the 2nd Battalion, 12th Cavalry, was cited for award of the RVN Gallantry Cross with Palm Unit Citation for the period 9 August 1965 to 9 May 1969 by Department of the Army GO Number 59, dated 1969, and the RVN Civil Actions Honor Medal First Class Unit Citation for the period 1 January 1969 to 1 February 1970 by Department of the Army GO Number 42, dated 1972.

DISCUSSION AND CONCLUSIONS:

1.  His request to add a second award of the Purple Heart to his records was carefully considered.  Regulatory guidance states not more than one Purple Heart will be awarded for more than one wound or injury received from the same instant, missile, force, explosion, or agent.

2.  His record does not contain any information and he has not provided sufficient evidence which shows his entitlement to a second award of the Purple Heart.  As a result, the Purple Heart (2nd Award) should not be added to his DD Form 214.

3.  However, his record does show GO announced award of the Purple Heart to the applicant for wounds he received on 30 November 1968.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  He was awarded the VSM with two bronze service stars; however, he participated in four campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show four bronze service stars for wear on the previously-awarded VSM.

5.  The applicant was assigned to a unit in Vietnam during a period for which it was cited for award of the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X__  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

	a.  deleting the VSM with two bronze service stars from his DD Form 214,

	b.  adding the following awards to the DD Form 214:

* Purple Heart
* VSM with four bronze service stars
* RVN Gallantry Cross with Palm Unit Citation
* RVN Civil Action Honor Medal First Class Unit Citation

	c.  issuing him a DD Form 215 showing these corrections.

2.  The Board further determined 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 the Purple Heart (2nd Award).



      __________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)                                         AR20110019175



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ABCMR Record of Proceedings (cont)                                         AR20110019175



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