IN THE CASE OF:	  

		BOARD DATE:	  23 March 2010

		DOCKET NUMBER:  AR20090014445 


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 award of the Purple Heart and the Army Good Conduct Medal.  He also requests a personal hearing.

2.  The applicant states that he was wounded in October 1968 in Vietnam.  He suffered a wound to the bottom of his left foot as a result of a mortar attack and was treated for his injury.  He was decorated and received the Bronze Star Medal and two awards of the Army Commendation Medal but not the Purple Heart or the Army Good Conduct Medal.  He also states he is willing to take a lie detector test or sodium pentathol.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 14 May 1969, and an undated self-authored statement 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 records show he enlisted in the Regular Army on 11 October 1966 and held military occupational specialty 57F (Memorial Activities Specialist). 
He was honorably released from active duty in the rank of sergeant/E-5 on 14 May 1969 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his military service obligation.

3.  His records show he served in the Republic of Vietnam from on or about 29 February 1968 to on or about 14 May 1969.  He was assigned to the 25th Supply and Transport Battalion.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the National Defense Service Medal, Republic of Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, Vietnam Service Medal, Army Commendation Medal, and Bronze Star Medal.  

5.  Nothing in four typical sources shows he was awarded the Purple Heart.

	a.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank.

	b.  His name is not shown on the Vietnam casualty roster.

	c.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Purple Heart.

	d.  His available medical records do not show a combat wound or injury or treatment.

6.  He submitted a self-authored statement wherein he states his battalion was hit with mortars and rockets in mid October 1968.  As he was running from a shower point, he was struck on the bottom of his left foot.  It was not a major injury but still required treatment in the form of cleaning and a tetanus shot.  He was never awarded the Purple Heart and feels he earned and deserved this medal.


7.  His records do not contain orders awarding him the Army Good Conduct Medal.  However, his records also do not contain any derogatory information which would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Additionally, item 38 (Record of Assignments) of his DA Form 20 shows he received "excellent" conduct and efficiency ratings throughout his military service.

8.  Army Regulation 600-8-22 (Military Awards) provides for the following awards:

	a.  The Purple Heart is awarded for a wound sustained while in action against an enemy or 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.

	b.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

9.  A review of his records indicates his entitlement to additional awards that are not shown on his DD Form 214.

10.  Headquarters, 25th Infantry Division, General Orders Number 8228, dated 16 November 1968, awarded him the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force from 16 September 1968 to 26 September 1968.

11.  Headquarters, 25th Infantry Division, General Orders Number 9157, dated 27 December 1968, awarded him a second award of the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force on 28 November 1968.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that during his service with the 25th Supply and Transport Battalion, his unit was awarded the Meritorious Unit Commendation for service from 16 February 1969 to 28 February 1970, based on Department of the Army General Orders (DAGO) Number 2, dated 1971, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for service from 31 March 1966 to 21 January 1970 based on DAGO Number 51, dated 1971, in addition to the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

13.  Appendix B of Army Regulation 600-8-22 shows during his service in Vietnam, participation credit was awarded for the Tet Counteroffensive (30 January 1968 to 1 April 1968), Vietnam Counteroffensive Phase IV (2 April 1968 to 30 June 1968), Vietnam Counteroffensive Phase V (1 July 1968 to 1 November 1968), Vietnam Counteroffensive Phase VI (2 November 1968 to 22 February 1969), and Tet 69 Counteroffensive (23 February 1969 to 8 June 1969) campaigns.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.

14.  Army Regulation 15-185 provides Department of the Army policy, criteria, and administrative instructions regarding an applicant’s request for the correction of a military record.  It states that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Purple Heart and the Army Good Conduct Medal.

2.  The applicant’s request for a personal appearance hearing was carefully considered.  However, by regulation, an applicant is not entitled to a hearing before the Board.  Hearings may be authorized by a panel of the Board or by the Director of the ABCMR.  In this case, the evidence of record and independent evidence provided by him is sufficient to render a fair and equitable decision at this time.  As a result, it is concluded that a personal appearance hearing is not necessary to serve the interest of equity and justice in this case.

3.  With respect to the Army Good Conduct Medal, the evidence of record confirms he served honorably during the period 11 October 1966 through 14 May 1969.  He was awarded several combat awards, attained the rank/grade of sergeant/E-5, and received "excellent" conduct and efficiency ratings.  Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Army Good Conduct Medal based on completion of qualifying service.  Therefore, he is entitled to correction of his records to show this award.


4. General orders awarded him two awards of the Army Commendation Medal for meritorious achievement in connection with military operations against a hostile force, one of which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show two awards of the Army Commendation Medal.

5.  General orders awarded the applicant's unit, in addition to the Republic of Vietnam Gallantry Cross with Palm Unit Citation which is already shown on his DD Form 214, the Meritorious Unit Commendation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, neither of which is shown on his records; therefore, he is entitled to correction of his records to show these unit awards.

6.  The evidence of record shows the applicant was awarded the Vietnam Service Medal.  Additionally, records show the applicant participated in five campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to a silver service star to be affixed to his already-awarded Vietnam Service Medal.

7.  With respect to the Purple Heart, the Purple Heart differs from all other decorations in that an individual is not "recommended" for the decoration; rather he or she is entitled to it upon meeting specific criteria.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

8.  In his case, his service in Vietnam, multiple awards and decorations, and sincerity are not in question.  However, there is no evidence in his records that shows he was wounded or injured as a result of hostile action or treated for such wounds and that his treatment was made a matter of official records.  In the absence of documentation that shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to base award of the Purple Heart.

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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 11 October 1966 through 14 May 1969;

	b.  deleting from his DD Form 214 the Army Commendation Medal; and

	c.  adding the Army Good Conduct Medal (1st Award), the Army Commendation Medal (1st Oak Leaf Cluster), the Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation, and a silver service star be affixed to 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.



      ____________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)                                         AR20090014445



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ABCMR Record of Proceedings (cont)                                         AR20090014445



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