IN THE CASE OF: BOARD DATE: 17 June 2014 DOCKET NUMBER: AR20130018367 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 two awards of the Purple Heart. 2. He states he earned two awards of the Purple Heart ten days apart, but his DD Form 214 only shows one award. The original orders had the second award of the Purple Heart on the rear of the orders. 3. He provides his DD Form 214 and discharge orders from the USARdated 19 April 1972. 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 18 May 1966. He served in Vietnam from 5 February 1967 to 18 February 1968 while assigned to the following units: * Troop D, 3rd Squadron, 5th Cavalry, 9th Infantry Division from 7 to 18 February 1967 * Company A, 4th Battalion, 47th Infantry Regiment, 9th Infantry Division from 18 February to 11 September 1967 * Company D, 87th Infantry Regiment from 12 September 1967 to 16 February 1968 3. His service record contains General Orders Number 3896 issued by Headquarters, 9th Infantry Division, dated 6 August 1967, that awarded the applicant the Purple Heart for wounds received in action on 11 July 1967 and the Purple Heart (First Oak Leaf Cluster (2nd Award)) for wounds received in action on 21 July 1967. 4. He was released honorably released from active duty on 19 February 1968. His DD Form 214 shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Army Good Conduct Medal * Republic of Vietnam Campaign Medal with Device (1960) * Purple Heart * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle and MachineGun Bars 5. 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. 3rd Squadron, 5th Cavalry, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 to 15 February 1968 by Department of the Army General Orders (DAGO) Number 43, dated 1970; b. 4th Battalion, 47th Infantry was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 December 1966 through 30 June 1968 by DAGO Number 31, dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 19 December 1966 through 28 June 1969 by DAGO Number 59, dated 1969; and c. Company D, 87th Infantry Regiment was cited for award of the Meritorious Unit Commendation for the period 1 January through 31 December 1967 by DAGO Number 54, dated 1968. 6. Army Regulation 600-8-22 (Military Awards) states a bronze service star is authorized 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, the applicant participated in the following three campaigns: * Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) * Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) * Tet Counteroffensive (30 January - 1 April 1968) DISCUSSION AND CONCLUSIONS: 1. General orders show the applicant was awarded two awards of the Purple Heart for wounds he received in action on 11 and 21 July 1967. Therefore, his DD Form 214 should be corrected to reflect two awards of the Purple Heart. 2. His units in Vietnam were cited for one award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, two awards of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and one award of the Meritorious Unit Commendation during his period of assignment. Therefore, his DD Form 214 should be corrected to show these unit awards. 3. He participated in three campaigns during his service in Vietnam. Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars. 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. deleting from his DD Form 214 the Purple Heart and the Vietnam Service Medal and b. adding to his DD Form 214 the: * Purple Heart (2nd Award) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2nd Award) * Meritorious Unit Commendation * Vietnam Service Medal with three bronze service stars ____________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) AR20130018367 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130018367 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1