BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100017281 


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 award of the Purple Heart and the Valorous Unit Award.

2.  The applicant states these two awards are true based on DA paper documents.  He adds the ceremony for the Valorous Unit Award was held in May 2010 at Fort Knox, KY. 

3.  The applicant provides his DD Form 214, a U.S. Army Reserve Personnel Center Official Statement of Award of Purple Heart, and U.S. Army Human Resources Command Permanent Orders 252-09.

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 17 April 1968.  He completed initial entry training, was awarded the military occupational specialty of light vehicle driver, and was promoted to pay grade E-5.

3.  His DA Form 20 (Enlisted Qualification Record) shows while serving in the Republic of Vietnam he was assigned to the 70th Engineer Company performing duties as a heavy vehicle driver during the period 22 September 1968 to 30 January 1969.  He was also assigned to Company C, 19th Engineer Battalion performing duties as a heavy vehicle driver, powerman, and senior engineer equipment mechanic during the period 31 January to 16 November 1969.

4.  He was honorably released from active duty on 22 November 1969 and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued shows he completed a total of 1 year, 7 months, and 6 days of creditable active service.  

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship Qualification Badge with Rifle Bar (M-14), and two overseas service bars.

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

7.  His name does not appear on the Vietnam Casualty List.

8.  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 him the Purple Heart.

9.  His records do not contain any evidence indicating he was ever awarded the Purple Heart by proper authority.

10.  Item 23 (Diagnoses) of a DA Form 8-275-3 (Clinical Record Cover Sheet), dated 16 October 1968, shows he had a diagnosis of multiple fragment wounds (MFW) (L) leg, (R) eye and chin, treated, no nerve or artery involvement.  It also shows the commanding officer and surgeon agree the injuries were in the line of duty.  The form further indicated he was wounded when his truck hit a mine on 4 October 1968 at Duc Pho [Vietnam].  Item 25 (Selected Administrative Data) of this same form shows the Purple Heart was not awarded by the medical facility.  This form further shows he was transferred from the 85th Evacuation Hospital to the 6th Convalescent Center.

11.  The applicant provided a copy of U.S. Army Reserve Personnel Center Official Statement of Award of Purple Heart, furnished on 19 September 1991.

12.  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.  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.

13.  Army Regulation 600-8-22 (Military Awards) 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.

14.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

15.  U.S. Army Human Resources Command Permanent Orders 252-09, dated 9 September 2009, show Company C, 19th Engineer Battalion was awarded the Valorous Unit Award for the period 22 September 1967 to 31 December 1968.

16.  Department of the Army Pamphlet 672-3 shows the unit he was assigned to while serving in the Republic of Vietnam was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on Department of the Army General Orders Number 8, dated 1974.

17.  Appendix B of Army Regulation 600-8-22 shows the campaigns for Vietnam.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star is awarded in place of five bronze service stars.  During his tour in Vietnam he participated in the following campaigns.

* 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)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

DISCUSSION AND CONCLUSIONS:

1.  General orders awarded his unit the Valorous Unit Award and Republic of Vietnam Gallantry Cross with Palm Unit Citation during the period he was assigned to the unit; therefore, he is entitled to correction of his DD Form 214 to show these unit awards.

2.  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 him the Army Good Conduct Medal for the period 17 April 1968 to 22 November 1969 and add this award to his DD Form 214.

3.  The available records show he was awarded the Vietnam Service Medal and he participated in five campaigns while serving in Vietnam.  Therefore, he is entitled to correction of his DD Form 214 to show his already-awarded Vietnam Service Medal with one silver service star.

4.  The applicant's DA Form 20 does not show he was wounded and his name is not listed on the Vietnam Casualty List.  However, a DA Form 8-275-3 shows he received multiple fragment wounds to his left leg, and right eye and chin as a result of hostile action.  The form indicates his wounds were incurred in the line of duty when his truck hit a mine.  As such, it would be appropriate to add the Purple Heart to his DD Form 214.

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







BOARD VOTE:

___x___  ___x_____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the Army Good Conduct Medal for the period 17 April 1968 to 22 November 1969; and

	b.  adding the Purple Heart, Army Good Conduct Medal, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the silver service star for wear on the previously-awarded Vietnam Service 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)                                         AR20100017281



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ABCMR Record of Proceedings (cont)                                         AR20100017281



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