IN THE CASE OF:	  

		BOARD DATE:	  14 July 2015

		DOCKET NUMBER:  AR20140019687 


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 (Certificate of Release or Discharge from Active Duty) for the period ending 10 October 1975 to show award of a second Purple Heart. 

2.  The applicant states his records show he was awarded the Purple Heart (1st Oak Leaf Cluster (or 2nd Award)) on 10 February 1971 for wounds received in combat in Vietnam and he would like his DD Form 214 corrected to show the Purple Heart (2nd Award).

3.  The applicant provides his DD Form 214, orders, two pages of his DA Form 20 (Enlisted Qualification Record), 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.  The applicant was inducted into the Army of the United States on 19 February 1968 and he held military occupational specialty 11B (Light Weapons Infantryman).  He served in Vietnam from 30 July 1968 to 29 June 1969 while assigned to Company A, 3rd Battalion, 1st Infantry Regiment.  

3.  General Order (GO) Number 43, dated 1 March 1969, issued by Headquarters (HQ), 27th Surgical Hospital, Vietnam, awarded him the Purple Heart for wounds received in action on 28 February 1969.

4.  He was honorably discharged on 25 November 1969 for the purpose of immediate reenlistment.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows he was awarded or authorized the:

* National Defense Service Medal 
* Vietnam Service Medal with 2 bronze service stars
* Vietnam Campaign Medal
* Combat Infantryman Badge
* Bronze Star Medal
* 2 overseas service bars
* Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  He reenlisted in the Regular Army on 26 November 1969.  He served in Vietnam from on or about 14 November 1970 to 13 February 1971 while assigned to Company A, 3rd Battalion, 1st Infantry Regiment.

6.  On 14 February 1971, he was medically evacuated from Vietnam and he was assigned in a patient status to the U.S. Army Hospital, Camp Zama, Japan.  

7.  He was discharged from active duty on 10 October 1975.  The DD Form 214 he was issued for this period of service shows he was awarded or authorized (for all periods of service) the:

* Bronze Star Medal
* Purple Heart
* Republic of Vietnam Campaign Medal with (1960) Device
* Vietnam Service Medal with 1 silver service star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Combat Infantryman Badge

8.  His record is void of orders awarding him the Purple Heart (2nd Award).  Item 40 (Wounds) of his DA Form 20 contains the entries "28 February 1969" and "wound, open (right) thigh, 10 February 1971."  Item 41 (Awards and Decorations) contains the entries, "Purple Heart, GO Number 43" and "Purple Heart (2nd Award), pending."  

9.  A review of the Vietnam casualty roster shows he was seriously wounded in action and hospitalized on 28 February 1969 and on 10 February 1971.

10.  The applicant provides a Purple Heart certificate that shows he was awarded the Purple Heart for wounds received in action in Vietnam on 28 February 1969, and a second Purple Heart certificate that shows he was awarded the Purple Heart (2nd Award) for wounds received in action in Vietnam on 
11 (i.e., 10) February 1971.

11.  Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the 3rd Battalion, 1st Infantry, was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, for the period 2 November 1968 through 28 February 1969 by DAGO Number 2, dated 1971. 

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant's record is void of the orders awarding him the Purple Heart (2nd Award), he provides a certificate that shows he was awarded the Purple Heart (2nd Award) for wounds received in action in Vietnam on 10 February 1971.  The Vietnam casualty roster confirms he was wounded in action on 28 February 1969 and 10 February 1971 and his DA Form 20 contains entries showing he was wounded in action on both of those dates.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 10 October 1975 to show the Purple Heart (2nd Award). 

2.  His DD Form 214 for the period ending 25 November 1969 shows he was awarded/authorized the National Defense Service Medal, 2 overseas service bars, and the Expert Marksmanship Qualification Badge with Machine Gun Bar (M-60), none of which are shown on his final DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 for the period ending 10 October 1975 accordingly.

3.  His unit in Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit.  Therefore, his DD Form 214 should be corrected to show this 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 amending his DD Form 214 for the period ending 10 October 1975 by:  

* deleting Purple Heart
* adding the:

* Purple Heart (2nd Award)
* National Defense Service Medal
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Expert Marksmanship Qualification Badge with Machine Gun Bar
(M-60)
* 2 overseas service bars



      _______ _   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)                                         AR20140019687





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ABCMR Record of Proceedings (cont)                                         AR20140019687



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