BOARD DATE:	  23 November 2010

		DOCKET NUMBER:  AR20100015129 


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 award of three Purple Hearts and all medals he earned while serving in Vietnam.

2.  The applicant states he was wounded in action in Vietnam on 27 April 1967 and he was later wounded two more times.  He was handed the medals but they are not listed on his DD Form 214. 

3.  The applicant provides his DD Form 214.

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 records show he was inducted into the Army of the United States on 7 September 1966.  He completed training and he was awarded military occupational specialty 13A (Field Artillery Basic).  His records also show he served in Vietnam from:

* 10 March 1967 through 10 December 1967 assigned to Battery B,
6th Battalion, 27th Artillery
* 11 December 1967 through 21 February 1968 with Battery C,
2nd Battalion, 13th Artillery

3.  On 6 September 1968, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. 

4.  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 with bronze service star, Republic of Vietnam Campaign Medal with Device (1960), one Overseas Service Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

5.  There are no official orders in his records that show he was awarded any Purple Hearts and his name is not shown on the Vietnam casualty roster.  Additionally, his available medical records do not show a combat injury/wound or treatment for a combat injury/wound.

6.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is blank and item 41 (Awards and Decorations) does not list any Purple Hearts.

7.  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 the Purple Heart pertaining to the applicant.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 medical treatment, and the medical treatment must have been made a matter of official record.

9.  Headquarters, 4th Howitzer Battalion, 14th Artillery, Fort Sill, OK, General Orders Number 22, dated 18 August 1968, awarded the applicant the Army Good Conduct Medal (First Award) for exemplary behavior, efficiency, and fidelity for service from 7 September 1966 through 6 September 1968.

10.  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 6th Battalion, 27th Artillery, was cited for award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 14 September 1967 through 15 January 1971 by Department of the Army General Orders (DAGO) Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 shows Battery B, 6th Battalion, 27th Artillery, was cited for award of the:

* Meritorious Unit Commendation during the period 2 October 1966 through 10 September 1967 by DAGO 73, dated 1968
* Navy Presidential Unit Citation during the period 15 October 66 through
15 September 1967 by DAGO 32, dated 1973.

12.  Department of the Army Pamphlet 672-3 shows the 2nd Battalion,
13th Artillery, was cited for award of the:

* Meritorious Unit Commendation during the period 1 January 1968 through 31 January 1969 by DAGO 36, dated 1970
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation during the period 1 August 1967 through 15 March 1970 by DAGO 51, dated 1971

13.  Department of the Army Pamphlet 672-3, paragraph 6d, states that DAGO 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.

14.  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 three campaigns:

* Vietnam Counteroffensive Phase II (1 July 1966 - 31 May 1967)
* Vietnam Counteroffensive Phase III (1 June 1967 - 29 January 1968)
* TET Counteroffensive (30 January - 1 April 1968)
15.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governed the requirements for the overseas service bar.  In pertinent part, it provided that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the overseas service bar for service in a hostile fire zone and for combining service to calculate award of the bars.  For Vietnam service, one overseas service bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and the month of departure from Vietnam are counted as whole months for credit toward the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded the applicant the Army Good Conduct Medal (First Award) which is not shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this award.

2.  The evidence of record shows he was awarded the Vietnam Service Medal.  Additionally, records show he participated in three campaigns while serving in the Republic of Vietnam.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded Vietnam Service Medal.

3.  General orders awarded his units the Navy Presidential Unit Citation, Meritorious Unit Commendation (2 awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2 awards) which are not shown on his records.  Therefore, his DD Form 214 should be corrected to show these unit awards.

4.  The applicant served a qualifying period of service in Vietnam for entitlement to two overseas service bars.  His DD Form 214 only shows one overseas service bar.  Therefore, he is entitled to correction of his DD Form 214 to show an addition overseas service bar.

5.  The criteria for award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

6.  His record is void of any orders that show he was awarded the Purple Heart, his name is not shown on the Vietnam casualty roster, his DA Form 20 does not indicate any combat wounds, his available medical records do not indicate he was wounded and/or injured as a result of hostile action, and he did not submit any evidence supporting award of the Purple Heart.

7.  Notwithstanding his sincerity, in the absence of additional documentary evidence such as witness statements, operation orders, morning reports, after action reports, official orders awarding him the Purple Heart, or additional documentation that conclusively shows he was wounded or injured as a result of hostile action and treated for those wounds, there is insufficient evidence upon which to award him any awards of the Purple Heart in this case.

8.  In view of the foregoing, his DD Form 214 should be corrected as indicated below.

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 Vietnam Service Medal with bronze service star and one Overseas Service Bar; and

	b.  adding to item 24 of his DD Form 214 the Army Good Conduct Medal (First Award), Vietnam Service Medal with three bronze service stars, Navy Presidential Unit Citation, Meritorious Unit Commendation (2 awards), Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation (2 awards), and two Overseas Service Bars.

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 the award of any Purple Hearts.



      ___________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)                                         AR20100015129



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ABCMR Record of Proceedings (cont)                                         AR20100015129



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