IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150004973 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 additional awards of the Purple Heart. 2. The applicant states he has three awards of the Purple Heart, not one award. 3. The applicant provides: * two Purple Heart Certificates * DD Form 214 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 23 February 1968. He arrived in Vietnam on 2 August 1968. He was assigned to Troop G, 2d Squadron, 11th Armored Cavalry Regiment, in Vietnam from 8 August 1968 to 29 July 1969. 3. Headquarters, 11th Armored Cavalry Regiment, General Orders Number 5, dated 10 January 1969, awarded him the Purple Heart for wounds received in action on 7 January 1969. 4. Headquarters, 11th Armored Cavalry Regiment, General Orders Number 32, dated 13 March 1969, awarded him the Purple Heart with 1st Oak Leaf Cluster for wounds received in action on 17 February 1969. 5. Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) shows he was wounded in action on 7 January 1969 and 17 February 1969. 6. Records show he participated in four campaigns during his assignment in Vietnam. 7. On 26 February 1970, he was honorably released from active duty. 8. His DD Form 214 shows he was awarded or authorized the: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge * Purple Heart * Sharpshooter Marksmanship Qualification Badge with Rifle Bar 9. The Vietnam casualty roster shows he was wounded in action on 7 January 1969 and 17 February 1969. 10. There are no orders in the available records showing he was awarded a third Purple Heart. 11. He provided two Purple Heart Certificates, dated 15 January 1969 and 29 March 1969. These certificates do not specify the dates he was wounded in action. 12. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. b. A bronze service star is worn on the Vietnam Service Medal for each credited campaign. 13. 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 the 11th Armored Cavalry Regiment was awarded the: * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 7 September 1966 to 10 August 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969 * Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 May 1969 to 15 February 1970 by DAGO Number 50, dated 1971 DISCUSSION AND CONCLUSIONS: 1. The applicant contends he was awarded three Purple Hearts, but he only provided two Purple Heart Certificates. These certificates do not specify the dates he was wounded in action. 2. The preponderance of evidence in this case shows he was awarded the Purple Heart for wounds received in action in Vietnam on 7 January 1969 and 17 February 1969. 3. His DD Form 214 shows one award of the Purple Heart, but orders show he was awarded two Purple Hearts. His DD Form 214 should be corrected to show two awards of the Purple Heart. 4. Since there is no evidence and the applicant provided no evidence showing he was wounded in action a third time in Vietnam, there is insufficient evidence on which to base adding a third award of the Purple Heart to his DD Form 214. 5. He participated in four campaigns during his service in Vietnam which authorized him award of the Vietnam Service Medal with four bronze service stars. His DD Form 214 does not show these bronze service stars. 6. His Vietnam unit (11th Armored Cavalry Regiment) was awarded two Republic of Vietnam Gallantry Cross with Palm Unit Citations during the period in which he was assigned. His DD Form 214 should be corrected to show both unit awards. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting award of the Purple Heart and 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 four bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award) 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding a third award of the Purple Heart to his DD Form 214. _______ _ _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) AR20150004973 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004973 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1