BOARD DATE:  20 April 2010

		DOCKET NUMBER:  AR20090015464 


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 records to show his correct service number, period of service, the Bronze Star Medal with "V" Device, and award of the Purple Heart.

2.  The applicant states his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge) contains several errors.

	a.  The last digit of his service number is off by one digit.

	b.  The year of his date of entry is wrong because he entered service in 1965.

	c.  He was awarded the Bronze Star Medal for heroism in Vietnam; however, the award is not correctly recorded on his separation document.

	d.  He was wounded in action on 22 March 1967 in Vietnam when his unit came under heavy mortar fire while he was outside his tank.

   (1)  He injured his upper left arm and left rib cage, but waited until the next
afternoon to obtain medical treatment at the field first aid station.

   (2)  He believes he was struck by dirt and rock from the impact point
rather than metal from the mortar round.



   (3)  His platoon sergeant and commander told him he would receive the 
Purple Heart.

3.  The applicant provides copies of his award orders, DD Form 214, and three letters.

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.  A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows in item 5 (Date Enlisted) that the applicant enlisted in the Regular Army (RA) on
8 November 1965.  Item 2 (Service Number) shows the entry "RA 13 --- --5."

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

   a.  item 1 (Name and Service Number) the entry "RA 13 --- --5";

   b.  item 22 (Military Occupational Specialties) he was awarded military occupational specialty (MOS) 11E (Armor Crewman);

	c.  item 31 (Foreign Service) he served in the Republic of Vietnam (RVN) from 20 August 1966 through 12 August 1967;

	d.  item 33 (Appointments and Reductions) shows he was:

   (1)  advanced to specialist four (SP4) [E-4] on 7 October 1966;

   (2)  reduced to private first class (PFC) [E-3] on 18 December 1966;

   (3)  advanced to SP4 [E-4] on 22 June 1967; and


   (4)  promoted to specialist five (SP5) [E-5] on 14 March 1968.

	e.  item 38 (Record of Assignments) shows he was assigned to Company H, 2nd Squadron, 11th Armored Cavalry Regiment (RVN), from 20 August 1966 to 30 July 1967;

	f.  item 39 (Campaigns) shows he served in the RVN during the Vietnam Counteroffensive Phase III campaign;

	g.  item 40 (Wounds) contains no entry; and

	h.  item 41 (Awards and Decorations) shows the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Bronze Star Medal with "V" Device, and Expert Marksmanship Qualification Badge with (M-14) Rifle Bar.

4.  On 18 December 1966, the applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice, for wrongfully using a habit forming drug, to wit:  marihuana.  His punishment was reduction to PFC (E-3).

5.  Headquarters, 1st Infantry Division (RVN), General Orders Number 2624, dated 26 April 1967, awarded the applicant the Bronze Star Medal with "V" Device for heroism in connection with military operations against a hostile force in the RVN on 23 March 1967.

6.  Headquarters, 2nd Squadron, 11th Armored Cavalry Regiment (RVN), Special Orders Number 128 (1967), advanced the applicant to SP4 (E-4) effective 22 June 1967.

7.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Purple Heart.

8.  There is no documentation in the applicant's military personnel records that shows he was wounded or treated for wounds as a result of hostile action.

9.  A review of The Adjutant General, Casualty Division's, Vietnam Casualty Roster, confirmed the applicant's name is not on the roster.

10.  Review of the Awards and Decorations Computer-Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973 maintained by the Military Awards Branch of the United States 

Army Human Resources Command, failed to reveal any orders for the Purple Heart pertaining to the applicant.

11.  The applicant's DD Form 214 shows he was honorably released from active duty on 7 November 1968 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  At the time he had completed 3 years of net active serviceice.  This document also shows in:

	a.  item 2 (Service Number) the entry "RA 13 --- --6;"

	b.  item 17c (Date of Entry) the entry "8 Nov 68;"

	c.  item 22 (Statement of Service)

   (1)  section a (Creditable for Basic Pay Purposes), block 1 (Net Service
This Period) the entry 3 years, 0 months, and 0 days;

   (2)  section c (Foreign and/or Sea Service) the entry "USARPAC";
however, the amount of service is blank; and

	d.  item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Vietnam Campaign Medal, National Defense Service Medal, Vietnam Service Medal, Bronze Star Medal, and Expert Marksmanship Qualification Badge with Rifle Bar.

12.  In support of his application, the applicant provides the following documents.

	a. The first page of a National Personnel Records Center (NPRC), Military Personnel Records, St. Louis, MO, letter, dated 26 May 2005, that verified his entitlement to the Bronze Star Medal with "V" Device, National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Expert Marksmanship Qualification Badge with Rifle Bar.

	b.  A letter from Mr. R------ Q----, dated 2 April 1993, who states he served as loader on the same tank crew as the applicant, who was the driver.  In March 1967, their tank came under heavy mortar fire during one particular night and the applicant, who was outside the tank at the time, sustained lacerations on his left arm and left side of his chest.  Because of the large number of casualties and fear of a ground attack, the applicant did not seek medical attention at the time.


	c.  A letter from Mr. J--- M. K-----, Sr., dated 23 February 2004, who states he served as platoon sergeant of the applicant's tank platoon.  On 22 March 1967, the platoon's tanks came under mortar and devastating hostile fire.  The applicant was outside his tank at the time and he was slightly wounded.  On
23 March 1967, while returning to the fire base, the tank platoon again came under attack.  He adds that he and three other crew members were treated for wounds and given the Purple Heart.

13.  A review of the applicant's military personnel records reveals that he may be authorized additional awards that are not shown on his DD Form 214.

14.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  The applicant's records show he received "excellent" conduct and efficiency ratings throughout his entire period of military service and there is no evidence the applicant's commander denied him award of the Army Good Conduct Medal.

15.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provides that the Army Good Conduct Medal is awarded to individuals who have completed 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.  The enlisted person must have had all "excellent" conduct and efficiency ratings and no convictions by a court-martial.  The lack of official disqualifying comment by previous commanders qualifies the use of such periods toward the award by the current commander and/or approving authority.

16.  The applicant’s DD Form 214 shows that he was awarded the Vietnam Service Medal, but it does not show that he was awarded any bronze service stars to signify campaign participation credit.  Paragraph 2-13 of Army Regulation
600-8-22 (Military Awards) contains the regulatory guidance on the Vietnam Service Medal.  It states, in pertinent part, that a bronze service star is authorized 
with this award for each Vietnam campaign a member is credited with participating in.  Table B-1 contains a list of Vietnam campaigns, and it shows that during the applicant's tour in Vietnam, he participated in the Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967) and the Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968) campaigns.

17.  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 
Company H, 2nd Battalion, 11th Armored Cavalry Regiment, the regiment was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 60 (1969).

18.  Army Regulation 600-8-22 provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The bronze "V" Device indicates acts of heroism involving conflict with an armed enemy and authorizes the bronze "V" Device in conjunction with awards of the Bronze Star Medal.

	b.  The Purple Heart is awarded for a wound sustained as a result of hostile action.  It provides that 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.

	c.  The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973.  Qualifying service included assignment in Vietnam for 6 months or more.

19.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  This Army regulation states that the purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.
   
   a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) provides guidance on the preparation of the DD Form 214.

   b.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.  It states for:

   (1)  item 2, enter the individual's service number and authorized prefix;



   (2)  item 17c, enter date entered on active duty or date enlistment or 
reenlistment was accomplished;

   (3)  item 22c, enter the total active duty outside continental limits of the 
United States for the period covered by the DD Form 214; and

   (4)  item 24, enter all decorations, service medals, campaigns, and 
badges awarded or authorized, omitting authorities cited therein.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his correct service number, period of service, the Bronze Star Medal with "V" Device, and award of the Purple Heart.

2.  Upon entry into service the applicant was assigned Service Number
"RA 13 --- --5."  The last digit of the Service Number on his DD Form 214 is incorrect.  Therefore, item 2 of the applicant's DD Form 214 should be corrected to reflect the number "6.".

3.  The applicant entered active duty on 8 November 1965.  The year of the date of entry on his DD Form 214 is incorrect.  Therefore, item 17c of the applicant's DD Form 214 should be corrected to reflect the year "68."

4.  The applicant served outside the continental United States from 20 August 1966 through 12 August 1967, which amounts to a total of 11 months and
23 days.  Therefore, it would be appropriate to correct item 22c of his
DD Form 214 to show this period of foreign service.

5.  General orders awarded the applicant the Bronze Star Medal with "V" Device.  This award is incorrectly recorded on his DD Form 214 as the Bronze Star Medal.  Therefore, item 24 of the applicant's DD Form 214 should be corrected to add the "V" Device.

6.  The applicant's claim, along with the statements of the tank loader and platoon sergeant, were carefully considered.  While the statements are not in question, they provide insufficient evidence to support award of the Purple Heart.

   a.  The applicant provides no official documentary evidence pertaining to the injury (e.g., casualty report, medical treatment records, etc.) in support of his claim.

   b.  There is no evidence in the applicant's military service records that show he was wounded as a result of hostile action, that such wound required treatment by medical personnel, and that the medical treatment was made a matter of official record.
   
   c.  The applicant's name is not listed on the Vietnam Casualty Roster.

7.  In view of the foregoing, the third party statements alone are insufficient to award the applicant the Purple Heart in this case.

8.  The applicant served on active duty for a total of 3 years, which represents a qualifying period of active duty enlisted service for the first award of the Army Good Conduct Medal.

	a.  The applicant was reduced to PFC (E-3) on 18 December 1966 while serving in the RVN.

	b.  He was cited for heroism in connection with military operations against a hostile force in the RVN on 23 March 1967.

	c.  His company commander advanced him to SP4 (E-4) on 22 June 1967.

	d.  He was promoted to SP5 (E-5) on 14 March 1968.

	e.  He received "excellent" conduct and efficiency ratings throughout the entire period of his military service.

	f.  The applicant's records do not contain disqualifying comments by any of his unit commanders.

	g.  Therefore, based on the foregoing, it would be appropriate to award him the Good Conduct Medal (first award) and correct his records to show the award.

9.  The applicant qualified for award of the Vietnam Service Medal and served in two campaigns during his service in the RVN.  Therefore, it would be appropriate to correct his records to show award of 2 bronze service stars to be affixed on his already-awarded Vietnam Service Medal.

10.  The applicant qualified for, and was awarded, the Republic of Vietnam Campaign Medal with Device (1960).  The award is incorrectly recorded on his DD Form 214.  Therefore, item 24 of the applicant's DD Form 214 should be corrected as appropriate.

11.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it would be appropriate to correct his DD Form 214 to show this foreign unit award.

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.  deleting from item 2 of his DD Form 214 the entry "RA 13 --- --6" and replacing it with the entry "RA 13 --- --5";

	b.  deleting from item 17c of his DD Form 214 the entry "8 Nov 68" and replacing it with the entry "8 Nov 65";

	c.  adding to item 22c of his DD Form 214 the entry "00 [years], 11 [months], and 23 [days];

	d.  deleting from item 24 his DD Form 214 the Vietnam Campaign Medal, Vietnam Service Medal, and Bronze Star Medal;

   e.  awarding him the Army Good Conduct Medal (first award) for exemplary conduct, efficiency, and fidelity for the period 8 November 1965 to 7 November 1968; and
   
   f.  adding to item 24 of his DD Form 214 the Bronze Star Medal with "V" Device, Army Good Conduct Medal (first award), Vietnam Service Medal with
2 bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.




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)                                         AR20090015464



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ABCMR Record of Proceedings (cont)                                         AR20090015464



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