BOARD DATE:	 21 September 2010 

		DOCKET NUMBER:  AR20100009333 


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 properly show award of the Bronze Star Medal and three Purple Hearts.

2.  He states he noticed that his Bronze Star Medal and three awards of the Purple Heart are not posted on his DD Form 214.  He also states he lost all of the award certificates.

3.  He provides copies of:

* a citation for the Bronze Star Medal
* a Bronze Star Medal 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.  His record shows he was inducted into Army of the United States on 15 May 1969 and held military occupational specialty 11D (Armor Reconnaissance Specialist).  On 1 December 1970, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) for completion of the remainder of his service obligation.  He held the rank/pay grade of specialist four/pay grade E-4 at the time of his separation.

3.  His record contains a DA Form 2496-1 (Disposition Form), undated, subject:  Recommendation for Award, which was rendered by the Personnel Actions Chief and addressed to the records section of the same organization.  This form shows the applicant was recommended for award of the Bronze Star Medal for meritorious service for the period January 1970 to January 1971.  This form also shows general orders and a citation would be issued by that headquarters for inclusion in his military personnel records jacket.

4.  He provides copies of a citation showing he was awarded the Bronze Star Medal for his meritorious service in connection with military ground operations against a hostile force in the Republic of Vietnam during the period January 1970 to January 1971.  He also provides a copy of the certificate issued to him commemorating his receipt of this award.

5.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 38 (Record of Assignments) shows that during his tour of duty in the Republic of Vietnam he served in Troop B, 3d Squadron, 5th Cavalry Regiment, 9th Infantry Division.  Item 38 does not show the applicant was placed in a patient status at a medical treatment facility at any time during his period of service.

	b.  Item 38 also shows he received conduct and efficiency ratings of "excellent" for each of his duty assignments.  His record does not contain any derogatory information or a record of a commander's disqualification for award of the Army Good Conduct Medal.

	c.  Item 40 (Wounds) is blank.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 and item 41 (Awards and Decorations) of his DA Form 20 show he was awarded or authorized to wear the:

* Army Commendation Medal
* National Defense Service Medal
* Vietnam Service Medal
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)

7.  Item 30 (Remarks) of his DD Form 214 shows he served a tour of duty in the Republic of Vietnam during the period 10 January 1970 through 1 December 1970.

8.  There is no evidence in the available record and he has not provided any evidence showing he was awarded the Purple Heart.

9.  There is no evidence in the available record and he has not provided any evidence showing he sustained any injuries as a result of hostile action or that he was treated for wounds sustained as a result of hostile action.  Additionally, his name does not appear on the Vietnam casualty roster.

10.  A 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 U.S. Army Human Resources Command, failed to reveal any orders for either the Bronze Star Medal or the Purple Heart pertaining to the applicant.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained as a direct 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 military personnel, and the medical treatment must have been made a matter of official record.  Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.

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.

13.  Army Regulation 600-8-22 states 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.

14.  Department of the Army General Orders Number 52, dated 1971, awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation to his unit for achievements during his period of assignment.

15.  Army Regulation 600-8-22 provides for award of the Vietnam Service Medal. 
Appendix B shows the campaigns for Vietnam.  During his tour of duty in Vietnam he participated in three campaigns:  the Vietnam Winter-Spring 1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show award of the Bronze Star Medal and three awards of the Purple Heart was carefully considered and determined to have partial merit.

2.  Although general orders could not be located, the preponderance of evidence shows he was awarded the Bronze Star Medal for meritorious service.  Therefore, he is entitled to have his DD Form 214 corrected to show receipt of the Bronze Star Medal.

3.  The evidence shows he completed a qualifying period of service for award of the Republic of Vietnam Campaign Medal with Device (1960).  Therefore, he is entitled to correction of his DD Form 214 to properly show this campaign medal.

4.  General orders awarded his unit the Republic of Vietnam Gallantry Cross with Palm Unit Citation for accomplishments during his tenure in the unit.  Therefore, he is entitled to have his records corrected to show this unit award.

5.  Records show he was awarded the Vietnam Service Medal.  The evidence shows he participated in three campaigns during his service in the Republic of Vietnam.  Therefore, he is authorized three bronze service stars for wear on his Vietnam Service Medal.

6.  The evidence of record shows he completed a period of honorable service during which he received all "excellent" conduct and efficiency ratings and had no convictions by a court-martial.  Additionally, there is no evidence that he was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) for the period 15 May 1969 through 1 December 1970 and entitled to correction of his records to show this award.

7.  His record is void of any orders or other documents indicating he was awarded the Purple Heart by proper authority while serving on active duty.  A review of the ADCARS database failed to reveal any orders for the Purple Heart pertaining to him and his name does not appear on the Vietnam casualty roster.

8.  There is no evidence in the available record and the applicant has not provided sufficient evidence which shows he sustained an injury as a result of hostile action or that he received treatment for injuries sustained as a result of hostile action.

9.  In the absence of corroborating evidence that he was wounded or injured as a result of hostile action and that his wound was treated by medical personnel and made a matter of official record, there is insufficient evidence upon which to base awarding him the Purple Heart.  This action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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 is 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 the period 15 May 1969 through 1 December 1970,
	b.  deleting the Vietnam Service Medal from item 24 of his DD Form 214, and

	c.  adding to item 24 of his DD Form 214 the:

* Bronze Star Medal
* Army Good Conduct Medal (First Award)
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Republic of Vietnam Campaign Medal with Device (1960)

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 three awards 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)                                         AR20100009333



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont