IN THE CASE OF:	  

		BOARD DATE:	  25 September 2014

		DOCKET NUMBER:  AR20140001418 


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) to show the Purple Heart with 1st Oak Leaf Cluster (OLC).

2.  The applicant states he was awarded two awards of the Purple Heart.  Therefore, his DD Form 214 should list the Purple Heart with 1st OLC.  

3.  The applicant provides copies of two Purple Heart certificates and his DD Form 214.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 9 September 1966.  He served in military occupational specialty 13B (field artillery crewman).  He served in Vietnam from 8 February 1967 through 8 February 1968, during three campaigns.  He was assigned to:

* A Battery, 6th Battalion, 14th Artillery from 14 February to 9 March 1967
* Service Battery, 2nd Howitzer Battalion, 17th Artillery, 1st Air Cavalry, from 10 March 1967 to 2 February 1968

3.  He again served in Vietnam from 2 November 1968 through 26 August 1969, during three campaigns.  He was assigned to B Battery, 2nd Battalion, 35th Artillery, 54th Field Artillery Group.

4.  His records contain General Orders (GO) Number 28, issued by Headquarters, 54th Field Artillery Group, on 15 June 1969, awarding him the Purple Heart for wounds received in action in Vietnam on 18 May 1969.  

5.  He provided copies of two Purple Heart certificates for wounds received in action in Vietnam on 18 May 1969 and 15 June 1969.

6.  His records also contain a Return to Duty from Patient Status memorandum which shows he was released from patient status as of 22 July 1969 and he was under the control of the 22nd Replacement Battalion for assignment.

7.  On 28 August 1969, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  He was credited with completing 2 years, 11 months, and 20 days of net active service.  His DD Form 214 lists the:

* National Defense Service Medal
* Purple Heart
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Good Conduct Medal

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

* Item 40 (Wounds) - No entries
* Item 41 (Awards and Decorations) - all the awards shown on his DD Form 214; the date for the Purple Heart as 18 May 1969, and includes the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)

9.  There are no available orders authorizing or awarding him a second award of the Purple Heart during his period of service in Vietnam.

10.  His record also contains a Standard Forms (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) which show he underwent a physical examination on 28 August 1969 for the purpose of his separation.  He indicated on the SF 89 that he had been a patient for shrapnel wounds received in Vietnam; he did not list any date(s).

11.  The Vietnam casualty roster shows he was wounded on 18 May and 7 June 1969.  This roster shows his casualty status codes as "23" and "24," respectively. Code "23" indicates the status was "hostile wounded in action, not serious, hospitalized."  Code "24" indicates the status was "hostile wounded in action, not serious, not hospitalized."

12.  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 orders for the first or second award of the Purple Heart pertaining to the applicant.

13.  Army Regulation 600-8-22 (Military Award) states:

   a.  The Purple Heart is awarded for a wound sustained as a result of enemy 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.
   
   b.  A bronze star is authorized for wear on the Vietnam Campaign Medal to denote campaign participation.  A silver service star denotes five bronze service stars.

14.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows his unit, the 6th Battalion, 14th Artillery, was cited for the:

* Meritorious Unit Commendation, for the period 27 November 1965 through 10 November 1967, by Department of the Army General Order (DAGO) Number 48, dated 1968
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 23 October 1965 through 23 June 1970, by DAGO Number 55, dated 1971
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1965 through 16 April 1971, by DAGO Number 54, dated 1974

15.  DA Pamphlet 672-3 also shows his unit, the 2nd Battalion, 35th Artillery, was cited for the Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation for the period 23 June 1966 through 15 January 1971, by DAGO Number 51, dated 1971.

16.  DA Pamphlet 672-3 states no more than one Republic of Vietnam Gallantry Cross Unit Citation will be worn by any individual.  Although multiple awards of this unit citation are not authorized to wear, official military and historical records will indicate all awards received.  However, in those instances where a single unit received duplicate Vietnamese unit awards during the same period, only one will be recorded in official military and historical records.

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders that show the applicant was awarded a second Purple Heart.  However, the available evidence shows he was wounded on 18 May and 7 June 1969 as a result of hostile action in Vietnam.  He was treated and the treatment was made a matter of official record.  GO awarded him the Purple Heart for wounds received in action on 18 May 1969, and he states he was awarded the Purple Heart for his June 1969 wounds.  Therefore, a second award of the Purple Heart should be added to his DD Form 214.

2.  He served in Vietnam during six campaigns; therefore, he is entitled to award of one silver service star (vice one bronze service star) and one bronze service star to be added to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars.

3.  The evidence shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).  Therefore, this award should be added to his DD Form 214.

4.  GO awarded his unit, the 6th Battalion, 14th Artillery, the Meritorious Unit Commendation and two awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for an overlapping period of service during his period of service in Vietnam.  The regulation provides that, although multiple awards of this unit citation for difference periods of service are not authorized for wear, official military and historical records will indicate all awards received.  Therefore, he is entitled to correction of his DD Form 214 to show the Meritorious Unit Commendation and Republic of Vietnam Gallantry Cross with Palm Unit Citation.

5.  GO awarded his unit, the 2nd Battalion, 35th Artillery, the Republic of Vietnam Civil Actions Honors Medal First Class Unit Citation during his period of service in Vietnam.  Therefore, he is entitled to this award and addition of this award to his DD Form 214.

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 the applicant's DD Form 214 the Purple Heart and Vietnam Service Medal; and

   b.  adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* Vietnam Service Medal with one silver service star and one bronze service star
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation 
* Republic of Vietnam Civil Actions Honors 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)                                         AR20140001418



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ABCMR Record of Proceedings (cont)                                         AR20140001418



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