IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120004977 


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 31 March 1977 DD Form 214 (Report of Separation from Active Duty) to show three awards of the Purple Heart.  Additionally, he requests issuance of a certificate for the award of the Bronze Star Medal (BSM) (2nd Oak Leaf Cluster (OLC)) with "V" Device.

2.  He states he did not receive his Purple Heart medals for wounds he received in action on 10 December 1967 and 3 April 1968, but he did receive the Purple Heart medal for a wound he received in action on 5 May 1968.  Additionally, he states he did not receive the certificate for a BSM (2nd OLC) with "V" device he received.

3.  He provides General Orders Numbers 339 and 7805, dated 15 January 1968 and 3 August 1968, respectively.

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 records show he was inducted into the Army of the United States on 4 June 1953.  He served 1 year, 11 months, and 14 days and was honorably released from active duty on 17 May 1955.  On 20 February 1959, he enlisted in the Regular Army and remained there until he was honorably retired in the grade of first sergeant (1SG)/E-8 on 31 March 1977. 

3.  His records further show he served in the Republic of Vietnam from 23 August 1967 to 4 August 1968.

4.  The applicant's DD Form 214 for the period ending 31 March 1977 shows the:

* Silver Star (1OLC)
* Purple Heart
* BSM (2nd OLC) with "V" Device
* Army Commendation Medal (1st OLC) with "V" Device
* National Defense Service Medal (1st OLC)
* Army of Occupation Medal (Berlin) 
* Vietnam Service Medal with 4 bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* 2 Overseas Service Bars
* Meritorious Unit Commendation
* Valorous Unit Award
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Republic of Vietnam Gallantry Cross with Gold Star
* Army Good Conduct Medal (6th Award)

5.  The applicant's Official Military Personnel File (OMPF) does not contain any general orders awarding him the 2nd or 3rd award of the Purple Heart.  His name is not listed on the Vietnam Casualty Roster for 10 December 1967 or 3 April 1968 and only appears for wounds incurred on 5 May 1968.

6.  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 orders for the Purple Heart.


7.  The applicant provided a copy of General Orders Number 339, issued by Headquarters, 1st Infantry Division, dated 15 January 1968, that show he was awarded the Silver Star for gallantry in action on 10 December 1967.  The award citation reads as follows:

. . . Shortly after the attack began, a mortar round exploded near [applicant's] tank wounding him and the other members of his crew.  Ignoring his wounds, [applicant] took an exposed position on top of the commander's cupola and placed devastatingly accurate heavy machinegun fire on the advancing insurgents, while simultaneously directing the fire of his main gun. 

8.  He also provided a copy of General Orders Number 7805, issued by Headquarters, 1st Infantry Division, dated 3 August 1968, that show he was awarded the BSM (2nd OLC) with "V" device for heroism in connection with military operations against a hostile force in the Republic of Vietnam on 3 April 1968.  The award citation reads as follows:

. . . [Applicant's] vehicle received a direct hit by an enemy rocket round, causing him to be wounded in the arm.  He dauntlessly maintained his location and instructed his driver to maneuver into a good defensive position so that effective fire could be placed on the insurgents. . . 

9.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained 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.  

10.  Army Regulation 600-8-22 states a Purple Heart is authorized for the first wound suffered under conditions indicated above, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant’s available records awarding him the 2nd and 3rd award of the Purple Heart, the reasons cited on his orders awarding him the Silver Star and the BSM with "V" Device verify his heroic actions and contact with hostile forces on 10 December 1967 and 3 April 1968.  These orders state:
   
a.  "Shortly after the attack began, a mortar round exploded near the applicant's tank wounding him and the other members of his crew."

	b.  "[Applicant's] vehicle received a direct hit by an enemy rocket round, causing him to be wounded in the arm.”

2.  Therefore, in the interest of justice, it would be appropriate to accept these orders as proof of his wounding on 10 December 1967 and 3 April 1968 and award him the Purple Heart 2nd and 3rd award.  He is also entitled to correction of his records to show these awards

3.  The applicant maintains that he did not receive his BSM (2nd OLC) with "V" Device certificate.  Orders verify that he was awarded this award.  Therefore, in the interest of justice, it would be appropriate to issue him this certificate.

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.  deleting from his 31 March 1977 DD Form 214 the Purple Heart;

	b.  awarding him the Purple Heart (2nd Award) for wounds received on
10 December 1967;

   c.  awarding him the Purple Heart (3rd Award) for wounds received on
3 April 1968; 
   
   d.  adding to his 31 March 1977 DD Form 214 the Purple Heart (3rd Award) and
   
   e.  issuing him a certificate for the award of the BSM (2nd OLC) with "V" Device, effective 3 April 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)                                         AR20120004977





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ABCMR Record of Proceedings (cont)                                         AR20120004977



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