BOARD DATE:	  20 March 2014

		DOCKET NUMBER:  AR20130012877 


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 the second award of the Purple Heart.

2.  He states he was wounded twice and should have received the second award of the Purple Heart.  He adds that he was wounded on 7 December 1969 and 
25 May 1970.

3.  He provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record).

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 3 June 1969.  He served in the Republic of Vietnam (RVN) from 2 November 1969 to 
15 June 1970.

3.  His a DA Form 20 shows in:

	a.  Item 38 (Record of Assignments) during his service in the RVN he was assigned to:

* B Troop, 1st Squadron, 4th Cavalry Regiment, 1st Infantry Division, as a rifleman, from 12 November 1969 through 30 March 1970
* 23rd Administration Replacement Battalion, as a student, from
31 March 1970 through 3 April 1970
* A Troop, 1st Squadron, 1st Cavalry Regiment, as a rifleman, from
4 April 1970 through 24 May 1970
* 27th Surgical Hospital, Chu Lai, as a patient, from 25 May 1970 through 26 May 1970
* 483rd Air Force Hospital, Cam Rahm Bay, as a patient, from 27 May 1970 through 7 June 1970
* 6th Convalescent Center, Cam Rahm Bay, as a patient, from 8 June 1970 through 14 June 1970 

	b.  Item 40 (Wounds):

* Fragment wound left leg and left arm, 7 December 1969
* Multiple fragment wounds both legs, arms, chest, and mouth, 25 May 1970

4.  Headquarters, 1st Infantry Division, General Orders Number 2133, dated 
14 February 1970, show he was awarded the Purple Heart for his action on
7 December 1969.

5.  On 2 June 1971, he was honorably released from active duty and credited with 2 years of active duty service.  The DD Form 214 he was issued at the time shows he was awarded the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* RVN Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Purple Heart
* Bronze Star Medal
* One overseas bar
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45)

6.  The applicant's military records do not contain any general orders awarding him the 2nd award of the Purple Heart.  His name is not listed on the Vietnam Casualty Roster for 25 May 1970 and only appears for wounds incurred on 7 December 1969.

7.  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.

8.  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.  

9.  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.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units which served in the Vietnam War.  This pamphlet shows 1st Squadron, 4th Cavalry Regiment was cited for the award of the RVN Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders (DAGO) Number 53, dated 1970.  It also shows the 1st Squadron, 1st Cavalry Regiment was cited for award of the RVN Gallantry Cross with Palm Unit Citation by DAGO Number 42, dated 1972, during the period the applicant was assigned.

11.  Appendix B of Army Regulation 600-8-22 states that a bronze service star will be awarded for wear on the VSM for participation in each campaign.  His records indicate he participated in the following campaigns:

* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)
* Sanctuary Counteroffensive (1 May1970 - 30 June 1970)

DISCUSSION AND CONCLUSIONS:

1.  While there are no orders in the applicant’s available records awarding him a 2nd award of the Purple Heart, his DA Form 20 verifies that he sustained multiple fragment wounds on 25 May 1970 and was a patient at the 27th Surgical Hospital.  Therefore, he is entitled to award of the Purple Heart for wounds received as a result of hostile action on 25 May 1970 and correction of his DD Form 214 to show this award.

2.  He participated in two campaigns during his service in Vietnam that entitles him to two bronze service stars on his already-awarded VSM.  Therefore, his
DD Form 214 should be corrected to show these bronze service stars.

3.  His units in Vietnam were cited for award of the RVN Civil Actions Honor Medal First Class Unit Citation and the RVN Gallantry Cross with Palm 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.  awarding him the Purple Heart (2nd Award) for wounds received on
25 May 1970;

	b.  deleting from his DD Form 214 the Vietnam Service Medal; and

	c.  adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Vietnam Service Medal with two bronze service star
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class 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)                                         AR20130012877





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ABCMR Record of Proceedings (cont)                                         AR20130012877



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