IN THE CASE OF:	

	BOARD DATE:	  
	DOCKET NUMBER:  AR20080000983 


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 214 (Armed Forces of the United States Report of Transfer or Discharge) to show two additional awards of the Army Commendation Medal and the Purple Heart.  

2.  The applicant states, in effect, that the awards were never recorded on his DD Form 214.  The applicant adds he has exhausted all means to find the records and fix the mistake. 

3.  The applicant provides no additional documentation in support of his request.

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 record shows he was inducted on 20 March 1968.  He was trained as a Pay Disbursement Specialist, in military occupational specialty (MOS), 73C.  

3.  The applicant served in Vietnam from 18 August 1968 through 26 October 1969.  He was promoted to pay grade E-5 on 7 September 1969.  He served until he was honorably released from active duty on 27 October 1969. 

4.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the Army Commendation Medal, and the Good Conduct Medal.  His DD Form 214 does not show any additional awards.

5.  There are no orders in the applicant's available personnel records which show that he was awarded the Purple Heart. 

6.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

7.  The ADCARS (Awards and Decorations Computer Assisted Retrieval System) failed to show that orders were published awarding the applicant the Purple Heart.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) does not show an entry in item 40 (Wounds) and the Purple Heart is also not shown as an authorized award in item 41 (Awards and Decorations).  

9.  Item 41 (Awards and Decorations), of the applicant's DA Form 20, shows that he was awarded three awards of the Army Commendation Medal.  Item 41 is posted to show the applicant was awarded the Army Commendation Medal, first award, by GO (General Orders) Number 9166 by Headquarters, 25th Infantry Division, dated 27 December 1968; the second award, by GO Number 12215, by the same division; and the third award, by GO Number 12425, by the same division.  Only one award of the Army Commendation Medal is shown on his DD Form 214.  

10.  Army Regulation 600-8-22 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 medical personnel, and the medical treatment must have been made a matter of official record.  


11.  AR 600-8-22 also states, in pertinent part, that a bronze oak leaf cluster (OLC) is awarded to denote the second and succeeding awards of certain decorations, among which is the Army Commendation Medal.

12.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the four bronze service stars to which he is entitled for his participation during the Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive, 1969; and the Vietnam Summer – Fall 1969 campaigns.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation in each campaign.  

13.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 48, dated 1971; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO 51, 1971; and the Meritorious Unit Commendation, by DAGO 37, dated 1970; while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Purple Heart, substantiating evidence must be presented to show that the Soldier was wounded as 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.

2.  There are no orders, and the applicant provided none, awarding him the Purple Heart; he is not listed on the Vietnam Casualty Roster; and there are no medical records available to show that he was treated for a wound as a result of hostile action.  Therefore, there is an insufficient basis upon which to approve an award of the Purple Heart and to add the Purple Heart to his DD Form 214.

3.  The evidence of record shows the applicant was awarded the Army Commendation Medal on three occasions; however, only one award is shown on his DD Form 214.  His second and third awards, 1st and 2nd OLC, of the Army Commendation Medal, were omitted from his DD Form 214.  He is therefore entitled to correction of his DD Form 214 to show the already-awarded Army Commendation Medal, with 2nd OLC.



4.  The applicant's DD Form 214 shows that he was awarded the Vietnam Service Medal.  While in Vietnam, he participated in four campaigns; therefore, he is entitled to award of four bronze service stars to be affixed to his already-awarded Vietnam Service Medal.

5.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Meritorious Unit Commendation, at the time he was a member of the unit.  He is therefore entitled to correction of his records to show these 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 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.  adding the already-awarded Army Commendation Medal with 2nd OLC to his DD Form 214; and

	b.  showing he was awarded the Vietnam Service Medal with four bronze service stars; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and the Meritorious Unit Commendation.








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 to the applicant and its addition 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)                                         AR20080000983



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ABCMR Record of Proceedings (cont)                                         AR20080000983



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