BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000512 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: 6 June 2017 DOCKET NUMBER: AR20160000512 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 amending his DD Form 214 (Report of Transfer or Discharge) by: a. deleting the following awards from item 24 and * Purple Heart * Vietnam Service Medal b. adding the following awards to item 24: * Purple Heart (2nd Award) * Vietnam Service Medal with three bronze service stars * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) and Machine Gun Bars * Marksman Marksmanship Qualification Badge with Rifle (M-14) 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. BOARD DATE: 6 June 2017 DOCKET NUMBER: AR20160000512 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 (Report of Transfer or Discharge) to show a second award of the Purple Heart. 2. The applicant states the second Purple Heart was mistakenly left off his DD Form 214. 3. The applicant provides copies of the award certificates for two Purple Hearts and his 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 7 May 1968. He completed training as an infantryman; he also completed the Leadership Training Course, Phase I. 3. His DA Form 20 (Enlisted Qualification Record shows in: a. item 29 (Qualification in Arms), Marksman with the M-14 rifle, Sharpshooter with the M-16 rifle, and 1st Class Gunner (Sharpshooter) with the M-60 machine gun; b. item 38 (Record of Assignments), he served with Company B, 2d  Battalion, 14th Infantry, 25th Infantry Division, in the Republic of Vietnam (RVN) from 18 April 1969 through 29 March 1970. His conduct and efficiency ratings were "excellent" throughout his service; c. item 40 (Wounds): * 1st and 2nd degree burns on his right arm and face on 15 May 1969 * fragment wound to his left thigh on 6 August 1969 d. item 41 (Awards and Decorations): * National Defense Service Medal * Vietnam Service Medal * Purple Heart * Air Medal * Purple Heart (1st Oak Leaf Cluster) * Army Commendation Medal * Army Commendation Medal (1st Oak Leaf Cluster) * RVN Campaign Medal with Device (1960) * 2 overseas service bars * Marksman Marksmanship Qualification Badge with Rifle Bar 4. Headquarters, 25th Infantry Division, awarded him the: a. Purple Heart in General Orders Number 6925, dated 1969, for wounds sustained in action on 14 May 1969; and b. Purple Heart with Oak Leaf Cluster in General Orders Number 10282, dated 1969, for wounds sustained in action on 6 August 1969. 5. On 30 March 1970, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group in pay grade E-6. His DD Form 214 lists his authorized awards as the: * National Defense Service Medal * Vietnam Service Medal * RVN Campaign Medal with Device (1960) * Combat Infantryman Badge * Purple Heart * Bronze Star Medal * Air Medal * Army Commendation Medal with Oak Leaf Cluster 6. His DD Form 214 shows he served in the RVN from 9 April 1969 to 29 March 1970. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. An oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, including the Purple Heart. b. A bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign. Qualifying campaign periods that correlate with the applicant's tour of duty include the: * Tet 69 Counteroffensive 1969 from 23 February through 8 June 1969 * Vietnam Summer-Fall 1969 from 9 June through 31 October 1969 * Vietnam Winter-Spring 1970 from 1 November 1969 through 30 April 1970 2. Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows 2d Battalion, 14th Infantry, was awarded the: * RVN Gallantry Cross with Palm Unit Citation for the period 1 September 1968 through 30 September 1970 in Department of the Army General Orders (DAGO) Number 5, dated 1973 * RVN Civil Actions Honor Medal First Class Unit Citation for the period 20 April 1966 through 21 January 1970 in DAGO Number 51, dated 1971 3. Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Only decorations, medals, and ribbons are listed. Certificates of achievement, letters of appreciation, and similar documents are not listed. DISCUSSION: 1. General orders issued by the 25th Infantry Division awarded the applicant the Purple Heart and the Purple Heart with Oak Leaf Cluster. 2. His DD Form 214, shows he served in the RVN from 9 April 1969 to 29 March 1970. The awards regulation lists three campaign periods that coincide with the applicant’s service during this period for which a bronze service star is authorized with the Vietnam Service Medal. 3. Army Pamphlet 672-3 shows the applicant's unit was awarded the RVN Gallantry Cross with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit Citation for service when the applicant was assigned to the unit. These unit awards are not listed on his DD Form 214. 4. Item 29 of the applicant’s DA Form 20 shows he qualified as Marksman with the M-14 rifle, as Sharpshooter with the M-16 rifle, and as Sharpshooter with the M-60 machine gun. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000512 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000512 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2