IN THE CASE OF:	  

	BOARD DATE:	  24 June 2008

	DOCKET NUMBER:  AR20080001058 


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) with the period ending 
8 December 1969 to show award of the Army Commendation Medal with "V" Device and the Purple Heart.

2.  The applicant states, in effect, that he was presented the above awards while serving in Vietnam.

3.  The applicant provides no additional documentation in support of this case.

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 6 May 1968 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 64B (Heavy Vehicle Driver).  

3.  The applicant arrived in Vietnam and was assigned to the 63rd Transportation Company on or about 1 December 1968.  

4.  Headquarters, United States Army Support Command, Da Nang General Orders Number 349, dated 29 June 1969, show that the applicant was awarded the Army Commendation Medal with "V" Device for heroism on 12 May 1969. 

5.  The applicant departed Vietnam on or about 7 December 1969 after being credited with participating in four campaigns. 

6.  The applicant was honorably released from active duty from active duty and transferred to the United States Army Reserve Control Group (Annual Training) on 8 December 1969 in the rank of Specialist Four/E-4 after completing 1 year, 7 months, and 3 days of creditable active service with no time lost. 

7.  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 with Device (1960), the Army Commendation Medal, the Sharpshooter Marksmanship Qualification Badge (M-14), and two Overseas Bars.

8.  There are no orders in the applicant's records that show he was awarded the Purple Heart.  His name is not listed on the Vietnam Casualty Roster for receiving wounds.  Item 41 (Awards and Decorations) of his DA Form
20 (Enlisted Qualification Record) does not show award of the Purple Heart.

9.  The applicant's medical records are not available.  

10.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  His records do not contain any adverse information and his DA Form 20 shows his conduct and efficiency ratings as "excellent" throughout his period of service.

11.  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 medical personnel, and the medical treatment must have been made a matter of official record.  


12.  Army Regulation 672-5-1 (Military Awards), 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.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units serving in Vietnam.  This document shows that, at the time of the applicant’s assignment to the 63rd Transportation Company it was awarded the Meritorious Unit Commendation for the period 24 January 1969 through 31 March 1970 by Department of the Army General Orders Number 52, dated 1974.

14.  Department of the Army General Orders Number 8, 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U. S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U. S. Army Vietnam and its subordinate units during the period 20 July 1965 to 
28 March 1973.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.  Appendix B shows that the applicant participated in the Vietnam Counteroffensive, Phase VI; Tet 69 Counteroffensive, 1969; Vietnam Summer – Fall 1969; and the Vietnam Winter – Spring 1970 campaigns during his service in Vietnam.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that show he was awarded the Purple Heart.  There is no evidence in the available records and the applicant has not provided evidence that shows he was injured as a result of hostile action.  

2.  Lacking any corroborating evidence of record showing the applicant was treated for a wound/injury that was the direct result of or caused by enemy action, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case

3.  Evidence of record shows the applicant was awarded the Army Commendation Medal with "V" Device.  This award should be added to his DD Form 214.

4.  The applicant was separated in the rank of Specialist Four with 1 year, 
7 months, and 3 days of creditable active service with no time lost and conduct and efficiency ratings of "excellent" throughout his period of service.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 6 May 1968 through 8 December 1969.

5.  The applicant was assigned to a unit during a period of time the unit was awarded the Meritorious Unit Commendation.  All units in Vietnam were awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  These awards should be added to his DD Form 214.

6.  The applicant met the eligibility criteria for award of four bronze service stars to be worn on his already-awarded Vietnam Service Medal.  This award should be added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx __  __xx__ _      _xx __      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.  deleting the Army Commendation Medal on the applicant's DD Form 214 with the period ending 8 December 1969;

      b.  awarding him the Army Good Conduct Medal (1st Award) for the period 6 May 1968 through 8 December 1969; and

	
	c.  amending his DD Form 214 to add the Army Commendation Medal with "V" Device, the Army Good Conduct Medal (1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit Commendation, and four bronze service stars to be worn on his already-awarded Vietnam Service Medal.

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.



      ____  xxxxxxxxx __
      	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)                                         AR20080001058



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ABCMR Record of Proceedings (cont)                                         AR20080001058



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