BOARD DATE:	11 December 2012  

		DOCKET NUMBER:  AR20120010411 


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 the Purple Heart (PH) with 1st Oak Leaf Cluster.  He also requests the issuance of replacement medals for his Vietnam service.

2.  The applicant states he was told a DD Form 215 (Correction to DD Form 214) would be issued with the PH awards; however, it never was.  He also states he was issued two separate PH medals instead of the Oak Leaf Cluster.

3.  The applicant provides:

* his DD Forms 214 for the period ending 30 December 1966 and 2 October 1967
* a PH Certificate, dated 18 January 1967
* a Western Union Telegram, dated 21 May 1966

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 29 March 1965 for a period of
3 years.  He was trained in and awarded military occupational specialty (MOS) 11B (light weapons infantryman).

3.  On 7 September 1965, the applicant and his unit, Company C, 2nd Battalion,
14th Infantry Regiment, departed Hawaii en route to Vietnam on a unit move.

4.  On 30 December 1966, the applicant was honorably discharged for the purpose of immediate reenlistment.  He completed 1 year, 9 months, and 2 days of net active service this period.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal (NDSM)
* Vietnam Service Medal (VSM)
* Republic of Vietnam Campaign Medal (RVNCM)
* Combat Infantryman Badge (CIB)

5.  On 31 December 1966, he reenlisted for a period of 4 years and continued to serve in Vietnam.

6.  His record contains a DA Form 20 (Enlisted Qualification Record) that shows in:

* item 31 (Foreign Service) he served in the RVN from 7 September 1965 through 29 January 1967
* item 38 (Record of Assignments) that during his tour in Vietnam he was assigned to Company C, 2nd Battalion, 14th Infantry Regiment, performing duties in his MOS 11B
* item 40 (Wounds) he received a gunshot wound to the leg on 17 January 1967
* item 41 (Awards and Decorations) the:

* VSM
* NDSM


* CIB
* RVNCM
* Army Good Conduct Medal (GCMDL)

7.  The applicant's military record contains a message, subject:  Casualty Report, dated 21 May 1966, that shows the applicant was wounded as a result of hostile action in the RVN on 20 May 1966.  It also contains a Western Union Telegram, dated 21 May 1966, that notified the applicant's father that the applicant had been wounded in action in the RVN.

8.  His record also contains General Orders Number 13, issued by Headquarters, 3rd Field Hospital, dated 18 January 1967, that awarded the applicant the PH with 1st Oak Leaf Cluster for being wounded in action in the RVN on 17 January 1967.

9.  On 2 October 1967, the applicant was retired by reason of temporary physical disability and he was placed on the Temporary Disability Retired List (TDRL).  He completed 2 years, 6 months, and 4 days of total active service.  The DD Form 214 he was issued at that time shows he was awarded the:

* GCMDL
* NDSM
* VSM
* RVNCM
* CIB

10.  Review of The Adjutant General's Office, Casualty Division's Vietnam casualty listing shows the applicant's name is listed twice as a casualty, on
20 May 1966 and 17 January 1967, both under casualty status code "23."  This casualty code refers to "hostile wounded in action, not serious, hospitalized."

11.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.

	a.  Paragraph 2-8 contains guidance on award of the PH.  It states in order to support award of the Purple Heart there must be evidence that the wound for which the award is being made was received as a result of enemy action; that it required treatment by military medical personnel; and a record of this treatment must have been made a matter of official record;

	b.  paragraph 2-13 contains the regulatory guidance on the Vietnam Service Medal.  It states a bronze service star is authorized with this award for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, the applicant participated in the following three campaigns:

* Vietnam Defense Campaign (8 March - 24 December 1965)
* Vietnam Counteroffensive (25 December 1965 - 30 June 1966)
* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)

	c.  Paragraph 6-3 states an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the PH.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) assists commanders in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  It shows that during the applicant's tenure of assignment in the RVN, his unit (2nd Battalion, 
14th Infantry Regiment) was cited for award of the:

* RVN Gallantry Cross with Palm Unit Citation for the period April 1966 through August 1968 by Department of the Army General Orders (DAGO) Number 48, dated 1971
* RVN Civil Actions Honor Medal First Class Unit Citation for the period
20 April 1966 through 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  Evidence confirms the applicant was wounded in action in the RVN on 20 May 1966, as evidenced by the casualty report and Western Union telegram contained in his record.  It further confirms the applicant was again wounded in action in the RVN on 17 January 1971 and awarded the PH, as evidenced by General Orders Number 13, dated 18 January 1967.  The Vietnam casualty listing also contains two entries that show the applicant was wounded in action on 20 May 1966 and 17 January 1967.  Therefore, his DD Form 214 should be corrected to show two awards of the PH.

2.  Records show the applicant participated in three campaigns in the RVN that entitles him to three bronze service stars for wear on his already-awarded VSM.  Therefore, his DD Form 214 should be corrected to show these bronze service stars.

3.  The applicant's unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, his DD Form 214 should be corrected to show these unit awards.
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 DD Form 214 for the period ending 2 October 1967 the Vietnam Service Medal;

	b.  adding to his DD Form 214 for the period ending 2 October 1967 the:

* Purple Heart (2nd Award)
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

	c.  issuing him replacement medal sets for his earned awards.



      _________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)                                         AR20120010411



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ABCMR Record of Proceedings (cont)                                         AR20120010411



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