IN THE CASE OF:	  

		BOARD DATE:	  18 November 2014 

		DOCKET NUMBER:  AR20140002473 


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 all authorized awards, including awards from his service in the U.S. Army Reserve (USAR).

2.  The applicant states the awards he received during his period of USAR service are not shown on his DD Form 214.  He went through a hard time after serving in Vietnam.  He left a lot of paperwork at his parents' home in 1970 when he got out of the Army because he didn't want to keep it.  He found some of his military things in an outdoor storage house after his parents passed away, but much of it was water damaged.  His brother found a certificate for a second award of the Purple Heart that he had never seen.  He didn't know he had a second Purple Heart.  At the time, he wanted to leave his experiences in Vietnam as far behind as he could.

3.  The applicant provides:

* Purple Heart Certificate, dated 9 April 1969
* Purple Heart Certificate, dated 14 September 1969
* Army Achievement Medal Certificate, dated 10 December 1988
* Army Achievement Medal Certificate, dated 24 November 1991
* Army Commendation Medal Certificate, dated 18 August 1993




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 11 September 1968.

3.  His records do not contain his DA Form 20 (Enlisted Qualification Record).

4.  His records contain a Standard Form 600 (Chronological Record of Medical Care) that shows he was treated on 30 March 1969 for an injury incurred when his tracked vehicle was hit by a rocket-propelled grenade and he was knocked out by the blast.  His records do not contain Standard Forms 600 showing he was treated for any other injuries as a result of hostile action.

5.  The Vietnam casualty roster shows he was wounded in action on 30 March 1969.  No entry exists for any other battle injury.

6.  He was honorably released from active duty on 31 August 1970 and transferred to the USAR.  He completed 1 year, 11 months, and 21 days of active service, including 1 year of foreign service.  

7.  His DD Form 214 shows he served in Vietnam from 3 February 1969 through 2 February 1970.

8.  His DD Form 214 shows he was awarded or authorized the:

* Purple Heart
* Army Good Conduct Medal
* National Defense Service Medal
* Vietnam Service Medal
* Presidential Unit Citation
* Meritorious Unit Commendation
* Combat Infantryman Badge
* “OSR”

9.  Following his active duty service, he served in the USAR through continuous reenlistments.  On 29 March 1993, he was issued a notification of eligibility for retired pay at age 60 (20-Year Letter).

10.  He was voluntarily transferred to the Retired Reserve effective 15 March 1994.  He retired at age 60 and was placed on the Retired List effective 1 July 2009.

11.  He provided a copy of a Purple Heart Certificate, dated 9 April 1969, showing he was wounded in action in the Republic of Vietnam on an unspecified date while serving as a member of Company D, 11th Armored Cavalry Regiment.

12.  He provided a copy of a Purple Heart Certificate, dated 14 September 1969, showing he was wounded in action in the Republic of Vietnam on an unspecified date while serving as a member of Company D, 11th Armored Cavalry Regiment.

13.  He provided a copy of an Army Achievement Medal Certificate, dated 10 December 1988, showing he was awarded the Army Achievement Medal for meritorious service from 20 February 1988 to 6 March 1988 while serving as a member of the 936th Adjutant General Detachment (Postal), USAR.

14.  He provided a copy of an Army Achievement Medal Certificate, dated 24 November 1991, showing he was awarded the Army Achievement Medal for outstanding achievement from 5 July 1990 to 7 December 1991 while serving as a member of the 818th Transportation Battalion, USAR.

15.  He provided a copy of an Army Commendation Medal Certificate, dated 18 August 1993, showing he was awarded the Army Commendation Medal for meritorious service from 11 March 1990 to 15 September 1993 while serving as a member of the 818th Transportation Battalion, USAR.

16.  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 U.S. Army Human Resources Command Military Awards Branch, failed to reveal any orders for award of the Purple Heart pertaining to the applicant.

17.  Department of the Army General Orders Number 8, dated 1974, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command, and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units during the period 20 July 1965 to 28 March 1973.

18.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

	b.  A bronze service star is authorized for award with the Vietnam Service Medal for each Vietnam campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for four campaigns.

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

19.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was released from active duty on 31 August 1970.  His DD Form 214 shows he was awarded the Purple Heart.  Although he provided two certificates for award of the Purple Heart, neither certificate shows the date he was wounded in action.  The Vietnam casualty roster shows he was wounded in action on 30 March 1969, which is substantiated by his medical records.  It is presumed that the Purple Heart Certificate, dated 9 April 1969, is in recognition of this injury.  No records exist for any other battle injury.  Absent evidence to the contrary, it appears the Purple Heart Certificate, dated 14 September 1969, is a duplicate award.  Therefore, there is no basis for adding a second award of Purple Heart to his DD Form 214 at this time.

2.  His records show he is authorized award of the Vietnam Service Medal with four bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Republic of Vietnam Gallantry Cross with Palm Unit Citation in addition to the awards already shown on his DD Form 214.

3.  There is no provision for entering awards received during his subsequent service in the USAR on his DD Form 214 covering his active duty service from 11 September 1968 through 31 August 1970.

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:

* deleting award of the Vietnam Service Medal from his DD Form 214 for the period ending 31 August 1970
* adding the following awards to his DD Form 214 for the period ending 31 August 1970 –

* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation

2.  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 adding a second award of the 


Purple Heart or awards received during his subsequent USAR service to his DD Form 214 for the period ending 31 August 1970.



      _____________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)                                         AR20140002473



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ABCMR Record of Proceedings (cont)                                         AR20140002473



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