BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20150018137 BOARD VOTE: __x_______ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20150018137 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. voiding the DD Form 215 issued on 19 August 2009 that corrected item 24 of his 11 November 1970 DD Form 214; and b. deleting from his 11 November 1970 DD Form 214 all of the entries from item 24 and adding the following: * Purple Heart (2nd Oak Leaf Cluster) * Army Commendation Medal * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Vietnam Service Medal with 3 Bronze Service Stars * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle and Grenade 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. BOARD DATE: 1 June 2017 DOCKET NUMBER: AR20150018137 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), as corrected by a DD Form 215 (Correction to DD Form 214), to show award of the Purple Heart (2nd Oak Leaf Cluster). 2. The applicant states that he served in the Republic of Vietnam (RVN). His military service records should show he was wounded on three occasions and that he received three awards of the Purple Heart. 3. The applicant provides a copy of a Purple Heart Certificate. 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 U.S. Army on 11 December 1968. He was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. His DA Form 20 (Enlisted Qualification Record), in pertinent part, shows in: * item 31 (Foreign Service): Vietnam from 13 December 1969 through 9 November 1970 * item 38 (Record of Assignments): Company A, 4th Battalion (Mechanized), 23rd Infantry Regiment, 25th Infantry Division, from 23 December 1969 through 6 November 1970 * item 40 (Wounds) – * Fragment Wound: Face, 9 April 1970 * Crushed Foot, 23 May 1970 * Sprained Back, 1 July 1970 * item 41 (Awards and Decorations) – * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Army Commendation Medal * Purple Heart (2nd Oak Leaf Cluster) * 2 Overseas Service Bars * Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars 4. A review of the applicant's military personnel records revealed copies of orders that show: * Headquarters, U.S. Army Training Center, Fort Leonard Wood, MO, Special Orders (SO) Number 056, dated 25 February 1969, awarded him the Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars * Headquarters, 25th Infantry Division (U.S. Army Vietnam (USARV)) – * SO Number 35, dated 4 February 1970, awarded him the Combat Infantryman Badge, effective 15 January 1970 * General Order (GO) Number 6575, dated 12 June 1970, awarded him the Purple Heart (1st Oak Leaf Cluster) for wounds received in RVN on 23 May 1970 * GO Number 8285, dated 22 July 1970, awarded him the Purple Heart (2nd Oak Leaf Cluster) for wounds received in RVN on 1 July 1970 * GO Number 10918, dated 7 November 1970, awarded him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity for the period 11 December 1969 to 3 December 1970 5. The applicant's DD Form 214 shows he was honorably released from active duty on 11 November 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his reserve service obligation. He had completed 1 year, 10 months, and 29 days of total active service that included 10 months and 28 days of foreign service. Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), as corrected by a DD Form 215 issued on 19 August 2009, shows the – * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal * Army Commendation Medal * Purple Heart (1st Oak Leaf Cluster) 6. A review of The Adjutant General's Office, Casualty Division's Vietnam casualty roster revealed the applicant's name is listed for injuries on: * 3 April 1970, casualty status code 24 (not serious, not hospitalized) * 23 May 1970, casualty status code 25 (not serious, not hospitalized; non-notification) * 1 July 1970, casualty status code 24 (not serious, not hospitalized) 7. In support of his request the applicant provides a copy of a DA Form 4980-10 (Purple Heart Certificate) that shows he was awarded the Purple Heart (2nd Oak Leaf Cluster) for wounds received in action in RVN on 1 July 1970. 8. A request for review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam-era between 1965 and 1973 maintained by the U.S. Army Human Resources Command, Awards and Decorations Branch, returned a copy of Headquarters, 25th Infantry Division (USARV), GO Number 3621, dated 7 April 1970, that awarded him the Purple Heart for wounds received in connection with military operations against a hostile force in RVN on 3 April 1970. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action. An oak leaf cluster is awarded to denote each succeeding award of the Purple Heart. b. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each credited campaign. c. Appendix B contains a list of Vietnam Conflict campaigns. During the applicant's service in Vietnam, participation credit was awarded for the following campaigns: * Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970) * Sanctuary Counteroffensive (1 May - 30 June 1970) * Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971) 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. During the applicant's period of assignment to 4th Battalion, 23rd Infantry, the battalion was cited for award of the – * RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 to 30 September 1970 in Department of the Army General Orders (DAGO) Number 5 (1973) * RVN Civil Actions Honor Medal First Class Unit Citation for the period 30 April 1966 to 21 January 1970 in DAGO Number 51 (1971) DISCUSSION: 1. The applicant contends that his DD Form 214 should be corrected to show award of the Purple Heart (2nd Oak Leaf Cluster). 2. The evidence of record shows: a. GOs awarded the applicant the Purple Heart for wounds received in RVN on three occasions (i.e., 3 April 1970, 23 May 1970, and 1 July 1970); b. GOs also awarded him the Army Good Conduct Medal (1st Award); c. the applicant qualified for award of the Vietnam Service Medal (VSM) and he participated in three campaigns during his service in Vietnam, which authorizes him three bronze service stars for wear on his already-awarded VSM; d. GOs awarded his unit the – * RVN Gallantry Cross with Palm Unit Citation * RVN Civil Actions Honor Medal First Class Unit Citation e. SOs awarded him the – * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle and Grenade Bars 3. Service medals and awards are not issued by the ABCMR. The applicant may obtain his medals by submitting a request in writing to: National Personnel Records Center, Attention: Army Reference Branch, 9700 Page Boulevard, St. Louis, Missouri 63132-5100. Additional information may be found on their website at: http://www.archives.gov/st-louis/military-personnel/. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018137 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018137 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2