IN THE CASE OF:  	  

		BOARD DATE:  25 September 2014	  

		DOCKET NUMBER:  AR20140003043 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was twice awarded the Purple Heart.  Additionally, he requests replacement of his Purple Heart medal sets.

2.  The applicant states his mother-in-law had his Purple Hearts; however, she is deceased and he is unable to find them.

3.  The applicant provides his DD Form 214 and two Purple Heart Certificates.

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.  After serving 13 years, 8 months, and 5 days of prior active service, the applicant reenlisted in the Regular Amy on 10 March 1978.  He was promoted to the rank/grade of first sergeant (1SG)/E-8 on 1 July 1985.

3.  He was honorably retired on 31 October 1990 in the rank of 1SG and he was placed on the Retired List on 1 November 1990.  He completed a total of 26 years, 3 months, and 26 days of creditable active service.  The DD Form 214 he was issued at the time of his retirement shows, in part, the:

* Purple Heart
* National Defense Service Medal
* Vietnam Service Medal with 3 bronze service stars
* Republic of Vietnam Campaign Medal

4.  His record is void of any DD Forms 214, other than his final DD Form 214 he was issued on 31 October 1990.  This DD Form 214 does not show any unit awards.  

5.  His records contain a DA Form 2-1 (Personnel Qualification Record) wherein it shows he:

* entered active duty on 16 June 1964
* served in Vietnam from on or about 24 January to 12 May 1968 while assigned to Troop C, 3rd Squadron, 4th Cavalry
* was assigned in a patient status to the 106th General Hospital, Japan, on 12 May 1968

6.  His record is void of orders for the Purple Heart.

7.  The applicant provides a Purple Heart certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 14 March 1968, and a second Purple Heart certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 8 May 1968.

8.  A review of the Vietnam casualty roster shows he was seriously wounded in action and hospitalized on 14 March 1968 and on 8 May 1968.

9.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  Second and subsequent awards of the National Defense Service Medal are denoted by a bronze service star affixed to the National Defense Service Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows Troop C, 3rd Squadron, 4th Cavalry, was cited for award of the:

* Presidential Unit Citation, for the period 1 through 31 January 1968 by Department of the Army General Orders (DAGO) Number 69, dated 1969
* Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 1 August 1967 through 31 August 1968 by DAGO Number 48, dated 1971
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, for the period 1 August 1967 through 21 January 1970 by DAGO Number 51, dated 1971

DISCUSSION AND CONCLUSIONS:

1.  The applicant provides certificates that show he was awarded two awards of the Purple Heart for wounds received in action in Vietnam on 14 March 1968 and on 8 May 1968.  The Vietnam casualty roster confirms he was wounded in action on those dates; therefore, he is entitled to correction of his DD Form 214 to show the Purple Heart (2nd Award). 

2.  He served during a qualifying period for a second award of the National Defense Service Medal; therefore, it would be appropriate to correct his DD Form 214 accordingly.

3.  General orders awarded his unit in Vietnam the Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period in which he was assigned to the unit.  Therefore, he is entitled to correction of his DD Form 214 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 evidence presented 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:  

* deleting from his DD Form 214 the Purple Heart and the National Defense Service Medal
* adding to his DD Form 214 the:

* Purple Heart (2nd Award)
* National Defense Service Medal (2nd Award)
* Presidential Unit Citation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation

* issuing the applicant the awards listed 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)                                         AR20140003043





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ABCMR Record of Proceedings (cont)                                         AR20140003043



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