IN THE CASE OF:	  

		BOARD DATE:	  24 August 2010

		DOCKET NUMBER:  AR20100007131 


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) to show the Purple Heart and two awards of the Air Medal.

2.  The applicant states that these awards are missing due to an administrative error.  He further states that he was hit in the right shoulder from a piece of shrapnel from a grenade.  He states the wound cut the artery in his shoulder and he lost a lot of blood.  He states that a medic stopped the bleeding and gave him a tetanus shot.  He also states that he received a Purple Heart, but he has been unable to locate it.  He further states that he enclosed one Air Medal, but he does not have copies of the other one.

3.  The applicant provides:

* his DD Form 214
* Air Medal orders, certificate, and citation
* Army Commendation Medal orders and certificate

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 military records show he was inducted into the Army of the United States on 20 March 1968.  He was awarded the military occupational specialty of light weapons infantryman and was promoted to pay grade E-4.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he performed duties as a rifleman and grenadier while assigned to Company B, 1st Battalion, 18th Infantry, 1st Infantry Division, during his tour of duty in the Republic of Vietnam during the period 1 September 1968 to 15 August 1969.

4.  The applicant's records contain:

	a.  General Orders 13460, dated 26 December 1968, awarding him the Army Commendation Medal with "V" Device for heroism on 1 December 1968;

	b.  General Orders Number 6545, dated 7 July 1969, awarding him the Air Medal for action during the period 20 January 1969 to 16 March 1969; and

	c.  General Orders Number 7462, dated 25 July 1969, awarding him the Army Commendation Medal with first oak leaf cluster for meritorious service from August 1968 to August 1969.

5.  The applicant was honorably released from active duty on 12 January 1970 and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining Reserve obligation.  He completed 1 year, 9 months, and 16 days of creditable active service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the Vietnam Service Medal with two bronze service stars, National Defense Service Medal, Republic of Vietnam Campaign Medal, Army Commendation Medal with "V" Device, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, 1st Class Gunner Qualification Badge (M60), and Combat Infantryman Badge.

7.  Item 40 (Wounds) of the applicant's DA Form 20 is blank.

8.  The applicant's name does not appear on the Vietnam casualty roster.

9.  The applicant's records do not contain any evidence that indicates he was ever awarded the Purple Heart or a second award of the Air Medal by proper authority.

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 awarding the applicant the Purple Heart or a second Air Medal.

11.  The applicant's records show he is entitled to additional awards and decorations which he did not request and are not shown on his DD Form 214.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows the campaigns for Vietnam.  During the applicant's tour of duty in Vietnam he participated in the following 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.

* Vietnam Counteroffensive Phase V (1 July 1968-1 November 1968)
* Vietnam Counteroffensive Phase VI (2 November 1968-22 February 1969)
* Tet 69 Counteroffensive (23 February 1969-8 June 1969)
* Vietnam Summer-Fall 1969 (9 June 1969-31 October 1969)

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit the applicant was assigned to while serving in the Republic of Vietnam was awarded the:

	a.  Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 21, dated 1969, and

	b.  Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation based on Department of the Army General Orders Number 53, dated 1970.

14.  The applicant's records are void of any orders or other documents that indicate he was ever recommended for or awarded the Army Good Conduct Medal by proper authority duty.  The applicant's DA Form 20 shows all "excellent" conduct and efficiency ratings.  There are no adverse actions recorded in the available records and no disqualification by his chain of command.

15.  Army Regulation 600-8-22 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.

16.  Army Regulation 600-8-22 provides that the Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight.  This award is primarily intended for personnel on flying status, but may also be awarded to those personnel whose combat duties require them to fly; for example, personnel in the attack elements of units involved in air-land assaults against an armed enemy.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders is required.

17.  Army Regulation 600-8-22 states 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.

DISCUSSION AND CONCLUSIONS:

1.  General orders show the applicant was awarded the initial award of the Air Medal.  However, there is no evidence he was awarded a second Air Medal.  Therefore, he is entitled to have his DD Form 214 corrected to show the initial award of the Air Medal only.

2.  General orders show the applicant was awarded the Army Commendation Medal with "V" Device and a second Army Commendation Medal with first oak leaf cluster.  Therefore, he is entitled to have his DD Form 214 corrected to show the Army Commendation Medal with "V" Device and first oak leaf cluster.

3.  The applicant completed a period of qualifying service ending with the termination of a period of Federal military service.  The applicant also had "excellent" conduct and efficiency ratings throughout his tenure of service.  There is no record of any disciplinary action taken against the applicant or disqualification by his chain of command.  Therefore, it would be appropriate to award the applicant the Army Good Conduct Medal (1st Award) and add this award to his DD Form 214.

4.  The applicant's DA Form 20 does not show that he was wounded and his name is not listed on the Vietnam casualty roster.

5.  In the absence of evidence that the applicant was wounded or injured as a result of hostile action and treated for such wounds, there is insufficient evidence upon which to base award of the Purple Heart.  As a result, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.  Therefore, regrettably, there is insufficient basis for granting the applicant's requested relief.

6.  The applicant's records show he was authorized the Vietnam Service Medal and that he participated in four campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show he was awarded four bronze service stars to be worn on the Vietnam Service Medal.

7.  General orders awarded the applicant's unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his records to show these unit awards.

8.  In view of the foregoing, the applicant's records should be corrected as shown below.

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 the records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period 20 March 1968 through 12 January 1970;

   b.  deleting from item 24 of his DD Form 214 the Army Commendation Medal with "V" Device and Vietnam Service Medal; and

	c.  adding to item 24 of his DD Form 214 the Air Medal, Army Commendation Medal with "V" Device and first oak leaf cluster, Army Good Conduct Medal (1st Award), Vietnam Service Medal with four bronze service stars, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor Medal First Class 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 and a second Air Medal.



      __________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)                                         AR20100007131



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ABCMR Record of Proceedings (cont)                                         AR20100007131



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