IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080007506 


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 that his awards of the Purple Heart and the “Military Unit Citation” be added to his records. 

2.  The applicant states that he was awarded the Purple Heart and the “Military Unit Citation” and they were omitted from his report of separation (DD Form 214).

3.  The applicant provides a copy of his Purple Heart Citation and a copy of General Orders awarding his company “The Commander’s Unit Commendation.” 

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 in Detroit, Michigan on 7 November 1967.  He completed his basic combat training at Fort Knox, Kentucky and was transferred to Fort Ord, California to undergo his advanced individual training (AIT) as a light vehicle driver.  He completed his AIT and was transferred to Vietnam on 15 April 1968, for assignment to Company C, 554th Engineer Battalion.

3.  On 26 February 1969, the applicant was wounded as a result of hostile action while on a combat operation.  He received multiple fragment wounds to the right arm, face and left hand and a laceration to the right eye lid.  He was initially treated at the 12th Evacuation Hospital, was subsequently transferred to the 249th General Hospital in Japan and was then transferred to Walter Reed Army Medical Center (WRAMC) in Washington D.C.

4.  On 3 July 1969, he was honorably released from active duty (REFRAD) in the pay grade of E-5 at WRAMC as an early overseas returnee.  He had served 1 year, 7 months and 27 days of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Army Commendation Medal, the National Defense Service Medal, the Vietnam Service Medal (VSM) and the Republic of Vietnam Campaign Medal.

5.  A review of the available records, as well as the United States Army Human Resources Command Awards and Decorations Computer-Assisted Retrieval System (ADCARS), a web-based index containing roughly 611,000 general orders issued between 1965 and 1973 for the Vietnam era failed to provide or show a copy of orders awarding the applicant the Purple Heart.  However, his records do contain copies of the Western Union Telefax notifying his next of kin of his injuries and his records document his treatment in various medical facilities.

6.  A review of his records also shows that he received excellent character and efficiency ratings throughout his service and it contains no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (GCMDL).

7.  The Purple Heart Citation provided by the applicant indicates that it was awarded on 27 February 1969, the day after he was wounded and was signed by a medical corps lieutenant colonel who was the commander of the 12th Evacuation Hospital at the time. 

8.  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.

9.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the GCMDL.  It states, in pertinent part, that the GCMDL was established by Executive Order 8809, 28 June 1941 and was amended by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953 and is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the GCMDL.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Meritorious Unit Commendation (MUC), the Republic of Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in five campaigns while assigned to Vietnam and is entitled to be awarded one silver  service star for wear on his already awarded VSM.

11.  Army Regulation 600-8-22, Military Awards, paragraph 7-17 (Other Unit Recognition) provides that units performing an act of heroism or meritorious service which does not warrant award of the Presidential Unit Citation, Valorous Unit Award, Meritorious Unit Commendation or Army Superior Unit Award may be commended in permanent orders of echelons subordinate to Headquarters, Department of the Army.  Such commendation does not entitle the unit to a streamer nor its members to wear an emblem. 
        
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he was awarded the Purple Heart has been noted and appears to have merit.  Although no orders can be located, there is sufficient evidence to establish that the Purple Heart Citation provided by the applicant is authentic.  Accordingly, he is entitled to have that award added to his records at this time.  

2.  The applicant’s contention that his unit’s “Commander’s Unit Commendation” should be added to his records has also been noted and found to have merit.  Although not a common award, the applicable regulation allows subordinate commanders to award such awards and thus he is entitled to have it entered on his records. 
3.  After carefully examining the applicant’s record of service, it appears that the applicant should have received the GCMDL for his service from 7 November 1967 through 3 July 1969.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the GCMDL, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  

4.  In all likelihood, the reason for the applicant not receiving the GCMDL was likely the result of an administrative error as opposed to it being the result of a conscious disqualification by any of the unit commanders for which he served.  Therefore, in the interest of justice, this error should be corrected and the applicant should receive the GCMDL at this time.

5.  Additionally, the evidence of record also shows that he is entitled to be awarded the MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver service star for wear on his already awarded VSM.
 
BOARD VOTE:

_____X___  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  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 relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding his awards of the Purple Heart and “The Commander’s Unit Commendation” to his records and by awarding him the GCMDL for the period of 7 November 1967 to 3 July 1969, the MUC, the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and one silver service star for wear on his already awarded VSM.





2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.






      _______ _   _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)                                         AR20080007506





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ABCMR Record of Proceedings (cont)                                         AR20080007506



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