RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070016133 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


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	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Army Commendation Medal with “V” Device and the Purple Heart be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states, in effect, that he received the Purple Heart for wounds he received in Vietnam.  

3.  The applicant provides no additional documents in support of his application.

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 on 24 April 1969.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  He was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airmobile), 327th Infantry in Vietnam on 23 September 1969.  He was promoted to specialist four on 26 November 1969.

3.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 3401, dated 27 March 1970, awarded the applicant the Army Commendation Medal for meritorious achievement from 1 October 1969 to 28 February 1970.

4.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number 11248, dated 19 September 1970, awarded the applicant the Army Commendation Medal with “V” Device for heroism on 10 June 1970.  The citation on the orders does not indicate he was wounded as a result of hostile action.  

5.  He departed Vietnam on 22 September 1970.  

6.  There are no orders in the applicant's personnel records which show he was awarded the Purple Heart.  There are no medical documents which indicate he was wounded in action.  His DA Form 20 (Enlisted Qualification Record) does not list any wounds as a result of hostile action in item 40 (Wounds).  His name is not included on the Vietnam Casualty Roster.  

7.  The applicant was released from active duty on 23 April 1971.  He completed 2 years of active military service with no days of lost time.

8.  His DD Form 214 shows the National Defense Service Medal, the Vietnam Service Medal with three bronze service stars, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, the Combat Infantryman Badge, the Bronze Star Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle and Machine Gun Bars as authorized awards.

9.  His DA Form 20 shows he received conduct and efficiency ratings of "excellent" throughout his service.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that, at the time of the applicant’s assignment to the 2nd Battalion (Airmobile), 327th Infantry, this unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation by Department of the Army General Orders Number 48, dated 1971.

11.  Headquarters, Department of the Army General Orders Number 8, dated 1974, awarded all units which served in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

12.  The applicant’s service personnel records contain a DA Form 1577 (Authorization for Issuance of Awards), dated 21 July 1999, showing he was issued an Army Commendation Medal with “V” Device.  

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military personnel, and the medical treatment must have been made a matter of official record.  

14.  Army Regulation 672-5-1, in effect at the time, provided policy and criteria concerning individual military decorations.  It stated that the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  At the time, a Soldier's conduct and efficiency ratings must have been rated as "excellent" for the entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the Army Commendation Medal with “V” Device for heroism on 10 June 1970.  Therefore, this award should be added to his DD Form 214.  

2.  There are no orders which authorize award of the Purple Heart to the applicant.  His name is not listed on the Vietnam Casualty Roster.

3.  The applicant contends he was wounded in Vietnam.  However, there are no medical records or other evidence of record which verify he was wounded as a result of hostile action in Vietnam.  In addition, the general orders awarding him the Army Commendation Medal with “V” Device do not indicate he sustained a wound or injury during his heroic actions.  Therefore, there is insufficient evidence on which to base correction of his records to show award of the Purple Heart.

4.  It appears that the applicant has met the regulatory requirements for the first award of the Army Good Conduct Medal for a qualifying period from 24 April 1969 through 23 April 1971.  

5.  The applicant was assigned to a unit during a period it was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.  Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.  Therefore, these foreign unit awards should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x______ x______ x______  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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.  awarding him the Army Good Conduct Medal for the period 24 April 1969 through 23 April 1971; 

	b.  deleting the Army Commendation Medal from item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214; and 

	c.  adding the Army Commendation Medal with “V” Device (First Oak Leaf Cluster), the Army Good Conduct Medal, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his DD Form 214.

2.  The Board further determined that 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 award of the Purple Heart.




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          		CHAIRPERSON