BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20090021947 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by awarding him the Purple Heart, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other authorized unit awards.

2.  The applicant states he was told that the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded after he was wounded and transferred back to the States.

3.  The applicant provides no supporting documentation.

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 of the United States on 19 May 1966, completed training, and was awarded military occupational specialty 13A (Field Artillery Basic).

3.  His DA Form 20 (Enlisted Qualification Record) shows:

	a.  advancement to specialist four (E-4) effective 13 July 1967;

	b.  service in Vietnam from 25 October 1966 through 28 July 1967;

	c.  assignment in Vietnam to the Service Battery, 2nd Howitzer Battalion, 17th Artillery Regiment;

	d.  his conduct and efficiency ratings are recorded as exclusively "excellent";

	e.  his authorized awards are the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and

	f.  block 40 (Wounds) is blank.

4.  He was honorably released from active duty and transferred to the U.S. Army Reserve on 17 May 1968 with 1 year, 11 months, and 29 days of creditable service.

5.  His DD Form 214 lists his authorized awards as the National Defense Service Medal, Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for review.

7.  His available records contain no evidence of his being wounded in combat in Vietnam.

8.  A review of the Vietnam casualty roster failed to locate the applicant's name.

9.  The applicant's record contains no derogatory entries or a notation that the applicant was considered not eligible for award of the Army Good Conduct Medal.

10.  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 any awards not listed on the DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam.  This pamphlet shows the unit to which the applicant was assigned was cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 1 August 1965 through 16 April 1971 by Department of the Army General Orders Number 54, dated 1974.

12.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.  Ratings of "unknown" for portions of the period under consideration were not disqualifying.  Service and efficiency ratings based upon academic proficiency of at least "good" rendered subsequent to 22 November 1955 were not disqualifying.

13.  Army Regulation 600-8-22 (Military Awards) provides 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was told that the Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded after he was wounded and transferred back to the States.

2.  During the period the applicant served with the 2nd Howitzer Battalion, 17th Artillery Regiment, it was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, it is appropriate to correct his DD Form 214 to reflect this award.

3.  The applicant distinguished himself by his conduct, efficiency, and fidelity as evidenced by his service in Vietnam, his conduct and efficiency ratings, and his promotion to E-4.  His record contains no indication of any disqualifying incidents or recommendations.  It is appropriate to award the applicant the Army Good Conduct Medal for his period of service from 19 May 1966 through 17 May 1968.

4.  The records contain no documentation to support the applicant's contention that he received a wound as the result of hostile action.  Without a record of treatment for a wound sustained as the result of enemy action, entitlement to the Purple Heart cannot be established.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x____  ___x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 the applicant the Army Good Conduct Medal for his period of service from 19 May 1966 through 17 May 1968 and

	b.  correcting his DD Form 214 to include award of the Army Good Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The Board further determined 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 or any additional unit awards.



      _________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)                                         AR20090021947



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ABCMR Record of Proceedings (cont)                                         AR20090021947



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