IN THE CASE OF:	  

		BOARD DATE:	  26 August 2010

		DOCKET NUMBER:  AR20100009806 


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, in effect, that he be awarded the Army Good Conduct Medal (AGCM) and the Purple Heart.

2.  The applicant states, in effect, that nonjudicial punishment (NJP) was imposed against him for speeding; however, he was being fired upon by a sniper and his commander did not want to listen to him.  As a result, he was denied the award of the AGCM because of the NJP.  He also states that he got hit in the head during a rocket attack and required six or eight stitches; however, he was never awarded the Purple Heart.

3.  The applicant provides a copy of a DA Form 2627-1 (Record of Proceedings under Article 15, UCMJ) and a copy of his request for assistance from his congressional representative.

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 in Louisville, Kentucky on 14 November 1966.  He completed his basic training at Fort Knox, Kentucky and his advanced individual training as a light vehicle driver at Fort Dix, New Jersey before being transferred to Fort Bragg, North Carolina for his first duty assignment.

3.  He was transferred to Vietnam on 13 January 1968 for assignment to the 61st Transportation Company.  He was advanced to the pay grade of E-4 on 29 May 1968.

4.  On 7 August 1968, NJP was imposed against the applicant for disobeying a lawful order issued by the commander to obey the speed limit.  His punishment consisted of a reduction to the pay grade of E-3.  The record of NJP is not contained in the applicant’s official records and was provided by the applicant.

5.  The applicant’s installation clearance record shows that on 25 October 1968, his commander rated his conduct and efficiency as “Excellent.”

6.  On 2 November 1968, he departed Vietnam and was transferred to Fort Lewis, Washington where he was honorably released from active duty (REFRAD) as an overseas returnee.  He had served 1 year, 11 months, and 18 days of total active service.

7.  His DD Form 214 issued at the time of his REFRAD shows that he was awarded the National Defense Service Medal, the Vietnam Campaign Medal, the Vietnam Service Medal (VSM) and his marksmanship badges.

8.  A review of his records shows that he received "excellent" conduct and efficiency ratings throughout his service and his record is void of any action by the commander to prevent him from being awarded the AGCM.

9.  Further review of his records and the Vietnam Casualty Listing failed to show any evidence to indicate that he was wounded or injured as a result of enemy action or that he required treatment for any such wounds/injuries.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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 a medical officer, and the medical treatment must have been made a matter of official record.

11.  Army Regulation 672-5-1, in effect at the time, established the criteria for award of the AGCM.  It states, in pertinent part, that the AGCM is awarded for exemplary behavior, efficiency, and fidelity in active Federal military service.  The regulation also states, in pertinent part, that for first award only, upon termination of service on or after 27 June 1950, a period of service of less than 3 years but more than 1 year qualifies for award of the AGCM.  There is no automatic entitlement to award of the AGCM.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register-Vietnam Era) was published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet indicates that the applicant’s unit was subsequently awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC with Palm) Unit Citation during the period he was assigned to the unit.  Additionally, he participated in five campaigns while assigned to Vietnam and thus is entitled to be awarded one silver service star for wear on his already-awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has failed to show through evidence submitted with his application or the evidence of record that he was injured as a result of enemy action, that he was treated for that injury, or that it was made a matter of record.  Therefore, absent such evidence, there is no basis to award him the Purple Heart at this time.

2.  However, after carefully examining the applicant’s record of service, it appears the applicant should have received the AGCM for his service from        14 November 1966 through 2 November 1968.  This conclusion is based on the fact that the record is void of any derogatory information, which would preclude the applicant from being awarded the AGCM, and the lack of any specific action by the applicant’s unit commander to disqualify him from receiving the award.  The Article 15 he provided was for a minor offense.

3.  Additionally, the applicant’s unit was subsequently awarded the RVNGC with Palm Unit Citation.  Accordingly, he is entitled to have his DD Form 214 corrected to show this award as well as one silver service star for wear on his VSM.



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 AGCM for the period of 14 November 1966 through 2 November 1968, while serving in the rank of PFC.

   b.  Amending his DD Form 214 to add the AGCM, the RVNGC with Palm Unit Citation, and one silver service star for wear on his already-awarded VSM.

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.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.




      _______ _   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)                                         AR20100009806





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ABCMR Record of Proceedings (cont)                                         AR20100009806



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