IN THE CASE OF:	  

		BOARD DATE:	      6 January 2011

		DOCKET NUMBER:  AR20100014805 


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 two awards of the Purple Heart and all other awards he may be entitled to receive.

2.  The applicant states he received two awards of the Purple Heart while in the Republic of Vietnam.  However, these awards were not reflected on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a copy of a DD Form 214 and a Purple Heart 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 enlisted in the Regular Army on 
4 March 1970 for a period of 2 years.  He served in Vietnam from 13 September 1970 to 3 October 1971, assigned to the 61st Aviation Company.  He was honorably released from active duty on 7 October 1971 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 1 year, 7 months, and 4 days of total active service.

3.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Army Commendation Medal
* Air Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

4.  He provided a Purple Heart Certificate, dated 21 May 1971, that shows he was awarded the Purple Heart for wounds received in action on 2 April 1971.

5.  His DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.  There is no record of any Article 15's, courts-martial, or any type of adverse action in his available records.  There is also no record of a commander's disqualification for the first award of the Army Good Conduct Medal.

6.  Item 40 (Wounds) of his DA Form 20 is blank.

7.  There is no documentation in the available records which shows he sustained wounds or was treated for wounds incurred as a result of hostile action while serving in Vietnam.

8.  There is no evidence of any general orders awarding him any Purple Hearts and his name is not listed on the Vietnam casualty roster.

9.  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 any awards of the Purple Heart pertaining to the applicant.

10.  Headquarters, 1st Aviation Brigade, General Orders Number 2712, dated 
1 April "1970," contained in his records, awarded him the Air Medal, second award, for meritorious achievement on 1 November 1970 while participating in aerial flight.

11.  Headquarters, 1st Aviation Brigade, General Orders Number 12624, dated 
26 December 1970, also contained in his records, awarded him the Soldier's Medal for heroism not involving actual conflict with an enemy force on 
31 October 1970.

12.  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 personnel, and the medical treatment must have been made a matter of official record.

13.  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 qualified 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.

14.  Army Regulation 600-8-22 states Arabic numerals are now used instead of oak leaf clusters for the second and succeeding awards of the Air Medal.  The numeral 2 denotes the second award of the Air Medal.

15.  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.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the unit awards received by units which served in the Vietnam War.  This document shows that the 61st Aviation Company, to 

which the applicant was assigned, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period
28 October through 6 December 1970 by Department of the Army General Orders (DAGO) Number 24, dated 1972.

17.  Department of the Army Pamphlet 672-3, paragraph 6d states that DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

18.  Army Regulation 600-8-22, paragraph 2-13, 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.  Appendix B shows that during his service in Vietnam, the applicant participated in the following two campaigns:

* Vietnam Counteroffensive Phase VII (1 July 1970 - 30 June 1971)
* Consolidation I (1 July - 30 November 1971)

DISCUSSION AND CONCLUSIONS:

1.  There are no general orders available which awarded the applicant the Purple Heart.  There are no medical records available and he did not provide any evidence which shows he was wounded or treated for wounds on two separate occasions as a result of hostile action during his service in Vietnam.  In the absence of orders awarding him the Purple Heart, the Purple Heart certificate is an insufficient basis on which to correct his DD Form 214 to show either a first or a second award of the Purple Heart. 

2.  Evidence of record shows he received "excellent" conduct and efficiency ratings throughout his service, he had no adverse actions, and no commander's disqualification for the first award of the Army Good Conduct Medal.  Therefore, he is entitled to award of the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

3.  Orders verify the applicant was awarded the Soldier's Medal and the 2nd award of the Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

4.  Evidence of record shows he was assigned in the Republic of Vietnam for more than 6 months.  Therefore, he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and correction of his DD Form 214 to show this award.
5.  The evidence shows his unit was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during his period of assignment.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

6.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was awarded to Headquarters, U.S. Army Vietnam and its subordinate units during the applicant's period of service in Vietnam.  Therefore, he is entitled to this unit award and correction of his DD Form 214 accordingly.

7.  Additionally, he participated in two campaigns during his service in Vietnam.  Therefore, he is entitled to two bronze service stars for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these bronze service stars.

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 24 of his DD Form 214 the Air Medal and the Vietnam Service Medal;

	b.  awarding him the Army Good Conduct Medal (1st Award) for the period
4 March 1970 through 7 October 1971; and

   c.  adding to item 24 of his DD Form 214 the Soldier's Medal, Air Medal with Numeral 2, Army Good Conduct Medal (1st Award), Vietnam Service Medal with two bronze service stars, Republic of Vietnam Campaign Medal with Device (1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the 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 adding to his DD Form 214 any 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)                                         AR20100014805



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100014805



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1