IN THE CASE OF:	

		BOARD DATE:	  27 June 2013

		DOCKET NUMBER:  AR20120021923 


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 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 May 1986 to show three awards of the Purple Heart.

2.  The applicant states he was wounded in combat on five separate occasions and was awarded the Purple Heart for three of those occasions.

3.  The applicant provides his Officer Record Brief (ORB), dated August 1985.

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.  He previously served 3 years, 2 months, and 11 days of active enlisted service in the Regular Army.

3.  On 24 August 1965, he was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) with concurrent order to active duty.

4.  He served in the Republic of Vietnam from:

* 31 August 1966 to 25 August 1967
* 26 February 1969 to 21 January 1970

5.  Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 2982, dated 5 June 1967, awarded him the Air Medal for meritorious achievement while participating in aerial flight from 17 August 1966 to 25 May 1967.

6.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) which he reviewed on 21 January 1983 shows he completed a 54-month tour of duty in Hawaii in addition to his two tour completions in the Republic of Vietnam.

7.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 shows he was awarded two Purple Hearts and one Overseas Service Ribbon.  The award of the Air Medal is not shown.

8.  Section VIII (Awards and Decorations) of his ORB, dated April 1986, contained in his military records and the ORB he provided, dated August 1985, show he was awarded three Purple Hearts.

9.  On 31 May 1986, he was retired for length of service and placed on the Retired List the following day.  He completed 23 years, 11 months, and 18 days of total active service.  His DD Form 214 does not show he was awarded the Purple Heart or the Air Medal; however, it does show one award of the Overseas Service Ribbon.

10.  There are no orders awarding him the Purple Heart in his military records.

11.  His service medical records were not available for review.

12.  The Vietnam casualty listing shows him as being wounded on 21 November 1966 and on 19 March 1967.  In both cases his casualty status is shown as hostile, wounded in action, not serious, not hospitalized.

13.  A 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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders awarding the applicant the Purple Heart.

14.  Army Regulation 672-5-1 (Military Awards), then in effect, stated the Purple Heart was awarded to any member of an Armed Force or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services had been wounded, killed, or who had died as a result of a wound sustained as a result of hostile action.  Substantiating evidence had to be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

15.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

16.  Army Regulation 635-5 (Separations Documents), then in effect, stated the DA Form 2-1 and any other available documents were among those source documents to be used when preparing the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  He contends he was wounded in combat on five separate occasions and was awarded three Purple Hearts.  However, his service medical records were not available for review.  The available evidence does not show he was wounded five times as a result of hostile action.

2.  There are no orders awarding him the Purple Heart in his military records or in ADCARS.

3.  His DA Form 2-1 shows he was awarded two Purple Hearts.  This is corroborated by the Vietnam casualty listing which shows he was wounded as a result of hostile action on 21 November 1966 and on 19 March 1967.

4.  The ORB's, dated August 1985 and April 1986, show he was awarded three Purple Hearts.  However, there are no corroborating documents to substantiate a third Purple Heart.

5.  In view of the above, there is sufficient evidence to amend his DD Form 214 to show he was awarded two Purple Hearts.  However, in the absence of orders or other corroborating evidence, there is insufficient evidence to show the award of a third Purple Heart.

6.  His military records contain orders awarding him the Air Medal.  Therefore, this award should be added to his DD Form 214.

7.  His DA Form 2-1 shows he completed three overseas tours, two in the Republic of Vietnam and one in Hawaii.  Therefore, his DD Form 214 should be amended to show he is authorized three Overseas Service Ribbons.

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 amending his DD Form 214 with a separation date of 31 May 1986 as follows:

	a.  deleting award of the Overseas Service Ribbon (1) and

	b.  adding the following awards:

* Purple Heart (2nd Award)
* Air Medal
* Overseas Service Ribbon (3rd Award)

3.  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 awards of the Purple Heart in excess of the above.



      ____________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)                                         AR20120021923



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ABCMR Record of Proceedings (cont)                                         AR20120021923



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