BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20140018898 


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 he was awarded a second Purple Heart.

2.  The applicant states his DD Form 214 does not reflect the two Purple Hearts he was awarded for injuries received in March and August 1970.

3.  The applicant provides no additional documentation.

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.  On 3 September 1969, the applicant was inducted into the Army of the United States.  He was trained as a light weapons infantryman.
3.  On 24 January 1970, the applicant departed Fort Ord, California, for duty in the Republic of Vietnam (RVN).

4.  On or about 20 February 1970, the applicant arrived in the RVN and was subsequently assigned to Company C, 2nd Battalion, 8th Cavalry Regiment, 1st Cavalry Division.

5.  General Orders Number 69, 24th Evacuation Hospital, dated 27 March 1970, announced the award of the Purple Heart to the applicant for wounds received in the RVN.

6.  Block 40 (Wounds) of the applicant’s DA Form 20 (Enlisted Qualification Record) shows the following entries:

	a.  Gunshot wound right thigh, right arm, 26 March 1970;

	b.  Multiple fragment wounds to both legs, undated

7.  On or about 1 September 1970, the applicant was again a patient.  He was subsequently returned to the United States in a patient status on or about 
27 September 1970.

8.  A DA Form 2173 (Statement of Medical Examination and Duty Status) dated 12 November 1970, reports that the applicant was on patrol on 25 August 1970.  While returning to friendly lines at night, the patrol came into the night defensive perimeter of a friendly unit at wrong location.  The friendly elements detonated claymore mines, thinking the patrol was an enemy force.  The applicant's injuries consisted of multiple fragment wounds to both of his legs.  He was admitted to the 24th Evacuation Hospital for treatment.

9.  On 7 September 1971, the applicant was released from active duty.  He had attained the rank of specialist four, pay grade E-4 and had completed 1 year, 
11 months and 22 days of creditable active duty service.

10.  The applicant's DD Form 214, as corrected by DD Form 215 (Correction to DD Form 214) indicates he was awarded:

* National Defense Service Medal
* Vietnam Service Medal with two bronze service stars
* Vietnam Campaign Medal
* Army Commendation Medal with Oak Leaf Cluster and “V” Device
* Combat Infantryman Badge
* Air Medal
* Expert Marksmanship Qualification Badge with Rifle Bar
* Purple Heart

11.  The applicant’s name is listed on the Vietnam Casualty Roster for wounds received in action on 26 March 1970.  There is no listing for his subsequent injuries on 25 August 1970.

12.  The applicant’s service medical records indicate he received treatment for his wounds.

13.  A review of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), failed to reveal any orders awarding the applicant the Purple Heart.  ADCARS is 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.

14.  Army Regulation 600-8-22 (Military Awards)

	a.  The Purple Heart is awarded to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

	b.  The Purple Heart is awarded to individuals wounded or killed as a result of "friendly fire" in the "heat of battle" as long as the "friendly" projectile or agent was released with the full intent of inflicting damage or destroying enemy troops or equipment.

	c.  Appendix B of this regulation shows that based on the applicant's dates of service in the RVN, he participated in the following three campaign periods: the Vietnam Winter-Spring 1970; the DA Sanctuary Counteroffensive; and the Vietnam Counteroffensive, Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in the Republic of Vietnam.  This publication shows that the 2nd Battalion, 8th Cavalry Regiment, during the time of the applicant's assignment, was cited in Department of the Army General Orders (DAGO) Number 43, dated in 1972 for award of the Valorous Unit Award; and in DAGO Number 54, dated in 1975 for award of  the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

16.  Included as part of the Department of Defense Appropriations Act for fiscal year 1994 was an amendment to the rules governing award of the Purple Heart.  While the original rules established that the Purple Heart would be awarded to individuals killed or wounded as a result of hostile action the amendment enabled the Secretaries of each department to award the Purple Heart to members of the armed forces who were killed or wounded in action by weapons fire, while directly engaged in armed conflict, other than as the result of an act of an enemy of the United States.  This ruling granted the service Secretaries the authority to award the Purple Heart to individuals directly engaged in armed conflict who were killed or wounded as a result of "friendly fire."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he was awarded a second Purple Heart because he was wounded in March 1970 and again in August 1970 while serving in the RVN.

2.  General orders announced the applicant's first award of the Purple Heart for wounds received on 26 March 1970.  A DD Form 215 was subsequently issued to correct his DD Form 214 to show this medal.

3.  A DA Form 2173 dated 12 November 1970 reported that the applicant was wounded on 25 August 1970 by friendly fire intended to inflict injury on enemy forces.  He was admitted to the 24th Evacuation Hospital for treatment.  In accordance with the 1994 amendment to the rules governing award of the Purple Heart, it would be appropriate to award the applicant a second medal for the wounds he received on 25 August 1970.

4.  Records show that the applicant participated in three campaign periods during his service in the RVN.  Therefore, he is eligible for award of three bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award.  Therefore, his records should be corrected to show this unit award.

6.  The applicant’s unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, his records should be corrected to show this foreign unit award.


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 the applicant the Purple Heart for wounds received in action on 25 August 1970;

	b.  delete from his DD Form 214 the Purple Heart and Vietnam Service Medal with 2 bronze service stars;

	c.  show in addition to the awards already shown on his DD Form 214 that his awards include:

* Purple Heart with one Oak Leaf Cluster
* Vietnam Service Medal with three bronze service stars
* Valorous Unit Award
* Republic of Vietnam Gallantry Cross with Palm 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)                                         AR20110020295



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ABCMR Record of Proceedings (cont)                                         AR20140018898



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