IN THE CASE OF:    

		BOARD DATE:  15 January 2015	  

		DOCKET NUMBER:  AR20140009820 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show a second award of the Purple Heart (PH).

2.  The applicant states, in effect, he received two PH and neither was reflected on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* memorandum with 1st indorsement

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 9 April 1968.  He held military occupational specialty 11B (Light Weapons Infantryman).  The highest rank/grade he attained while serving on active duty was specialist four/E-4.

3.  Block 30 (Remarks) of the applicant's DD Form 214 shows he served in Vietnam from 14 September 1968 to 11 January 1969.  He has qualifying service for two campaign periods:

* Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969)

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he was assigned to Company A, 4th Battalion, 
47th Infantry Regiment while in Vietnam.  

5.  General Orders (GO) Number 9629, dated 4 October 1968, Headquarters, 9th Infantry Division, awarded the applicant the PH (1st Award) for wounds received on 2 October 1968.

6.  GO Number 7, dated 7 January 1969, Headquarters, 29th Evacuation Hospital (Semimobile), awarded the applicant the PH (2nd Award) for wounds received on 4 January 1969.

7.  He was honorably released from active duty on 9 April 1968.  He completed 2 years of total active service during this period.  His DD Form 214 shows he was awarded or authorized the:

* National Defense Service Medal
* Vietnam Service Medal (VSM)
* Vietnam Campaign Medal with Device (1960)
* Combat Infantryman Badge
* Sharpshooter Marksmanship Qualification Badge with the Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with the Rifle Bar (M-16)

8.  On 14 April 1970, the applicant sent a written request to the Office of the Adjutant General (OAG), U.S. Army Administration Center requesting correction of his DD Form 214 to show two awards of the PH and award of the Army Good Conduct Medal (AGCM).  Based on this request a DD Form 215 (Correction to DD Form 214), dated 5 April 1971, was issued showing one PH and the AGCM were added to his DD Form 214.  In a separate response, the OAG wrote they were unable to find any record of a second PH.
9.  Army Regulation 600-8-22 (Military Awards) states a bronze service star will be awarded for wear on the VSM for participation in each campaign.

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:

	a.  4th Battalion, 47th Infantry Regiment, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 
19 December 1966 through 28 June 1969, by Department of the Army General Order (DAGO) Number 59, dated 1969.

	b.  all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on DAGO Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  GO awarded the applicant two Purple Hearts.  Based upon his written request, a DD Form 215 was issued adding one Purple Heart; orders awarding the second Purple Heart could not be located at that time.  The orders have now been obtained and, as such, the second Purple Heart can now be added to his DD Form 214.  It would be appropriate to correct his DD Form 214 to show award of a second PH.

2.  He was issued a DD Form 215 adding the PH and AGCM.  He should be provided a copy of this DD Form 215.

3.  He has qualifying service to receive two campaign stars to be added to his already-awarded VSM and to wear the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should be updated to correctly show these awards.

4.  The applicant's unit was awarded the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation while he was assigned to the unit.  His DD Form 214 should be amended to add this award.








BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	b.  adding the following awards to his DD Form 214:

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

2.  The Board requests the Army Review Boards Agency, Case Management Division, provide the applicant a copy of the DD Form 215 issued on 5 April 1971.



      _______ _   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)                                         AR20140009820



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ABCMR Record of Proceedings (cont)                                         AR20140009820



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