IN THE CASE OF:	  

		BOARD DATE:	  6 March 2012

		DOCKET NUMBER:  AR20110017079 


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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of a second Purple Heart. 

2.  The applicant states he recently discovered that his awarded of the Purple Heart Medal was with an Oak Leaf Cluster.  He was wounded on 2 February 1969

3.  The applicant provides copies of his DD Form 214 and General Orders Number 6193.

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's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and as such are not available for review.

3.  The applicant, a retired career officer, served on active duty from 16 March 1966 through 31 August 1992.  

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) provides the following:

	a.  service in Vietnam with the 3rd Battalion, 8th Infantry Regiment, 4th Infantry Division from 17 August 1968 through 13 February 1969 and with Headquarters and Headquarters Company, 1st Brigade, 4th Infantry Division from 13 February 1969 through 22 July 1969;

	b.  assignment as a patient to the U.S. Army Hospital, Camp Zuma, Korea from 23 July 1969 through 1 August 1969;

	c.  in a casual status from 2 August 1969 through 3 August 1969; 

	d.  assignment as a patient to the U.S. Army Hospital, Fort Ord, California, from 4 August 1969 through 16 September 1969; and

	e.  he received a gunshot wound to his left thigh and forehead on 19 July 1967.

5.  The 4th Infantry Division General Orders Number 6193, dated 2 October 1969, awarded the applicant the Purple Heart with 1st Oak Leaf Cluster for wounds received on 2 February 1969.

6.  The following awards or decorations are listed on the DA Form 2-1 but not on the DD Form 214; the Expert Marksmanship Qualification Badge with Rifle Bar and the Republic of Vietnam Campaign Medal with Device (1960).

7.  A review of the Vietnam Casualty Roster shows, at lines 95943 and 95944, that on 2 February 1969 the applicant, while serving as an infantry 1st lieutenant, sustained a combat wound from a cutting, piercing or blunt instrument.  On 19 July 1969 he sustained a combat wound from a hand grenade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was wounded twice while serving in Vietnam, first on 2 February 1969 and then again on 19 July 1969. 
2.  General Orders Number 6193 shows the applicant was awarded a second Purple Heart, although it incorrectly shows the date of his second wound as the date of the first wound.  

3.  Therefore, it is appropriate to correct the DD Form 214 to show that the applicant was awarded two Purple Heart Medals. 

4.  The applicant's award of the Republic of Vietnam Campaign Medal with Device (1960) and the Expert Marksmanship Qualification Badge with Rifle Bar were omitted from his DD Form 214.  It is appropriate to correct this oversight.

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 showing on the DD Form 214 that, in addition to the awards listed, the applicant's awards include the Purple Heart with one Oak Leaf Cluster, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.



      _______ _   _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)                                         AR20110017079



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110017079



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1