IN THE CASE OF:	

		BOARD DATE:	12 January 2011

		DOCKET NUMBER:  AR20100017512 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all his awards.

2.  The applicant states he should have the Purple Heart as he was wounded twice in combat and he needs these awards to document service-connected disability with the Department of Veterans Affairs (VA).  He also earned three Air Medals.  These medals are not listed on his DD Form 214.

3.  The applicant provides a VA Form 21-4138 (Statement in Support of Claim) and numerous photos and other documents pertaining to the applicant's military service, including copies of certificates, citations, and orders awarding him the Bronze Star Medal, Army Commendation Medal, and the Air Medal.

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 into the Army of the United States on 
13 December 1967.  He completed his training and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 3 May 1968, the applicant departed Fort Bragg, NC, for duty in the Republic of Vietnam (RVN).  On 21 November 1968, he was assigned to the
3d Battalion, 319th Artillery, 173d Airborne Brigade with duty as a cannoneer in military occupational specialty (MOS) 13A.  He departed the RVN on or about
20 November 1969.

4.  On 21 November 1969, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  The highest rank he attained while serving on active duty was sergeant (SGT)/E-5.  He completed
1 year, 11 months, and 19 days of total active service.

5.  His DD Form 214 shows in item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)
* Vietnam Service Medal
* two Overseas Service Bars
* Parachutist Badge
* Bronze Star Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

     a.  item 40 (Wounds) no entry;

     b.  item 41 (Awards and Decorations) the:

* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
* Parachutist Badge


* Army Commendation Medal
* Bronze Star Medal

      c.  item 38 (Record of Assignments) that he received "excellent" conduct and efficiency ratings throughout his service.

7.  The applicant’s records do not contain any evidence of disciplinary action or a commander's disqualification for the first award of the Army Good Conduct Medal.

8.  The applicant's available records do not contain orders for any awards of the Purple Heart nor does his name appear on the Vietnam casualty roster.

9.  The applicant's records contain a copy of the following:

* General Orders Number 2676, issued by Headquarters, 173d Airborne Brigade, dated 14 November 1969, awarding him the Air Medal for meritorious achievement during the period 5 December 1968 to 28 July 1969
* General Orders Number 2260, issued by the same headquarters, dated
18 September 1969, awarding him the Army Commendation Medal for meritorious achievement during the period 5 December 1968 to                4 September 1969

10.  Army Regulation 600-8-22 (Military Awards), 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 four campaigns:

* Vietnam Counteroffensive Phase VI (2 November 1968 - 22 February 1969)
* TET Counteroffensive, 1969 (23 February - 8 June 1969)
* Vietnam Summer - Fall 1969 (9 June - 31 October 1969)
* Vietnam Winter - Spring 1970 (1 November 1969 - 30 April 1970)

11.  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 unit to which the applicant was assigned was cited for award of the:

* Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period 5 May 1965 – 26 September 1970 by Department of the Army General Order (DAGO) Number 43, dated 1972
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for the period 15 April 1969 - 16 March 1971 by DAGO Number 5, dated 1973

12.  Army Regulation 600-8-22 provides that the Purple Heart is awarded for a wound sustained 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 treatment by medical personnel, and the medical treatment must have been made a matter of official record.

13.  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 or, 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.

DISCUSSION AND CONCLUSIONS:

1.  Neither the applicant's available records nor the Vietnam casualty roster provide any evidence and the applicant did not provide any evidence that shows he was wounded as a result of hostile action, that those wounds required treatment by medical personnel, or that the resulting medical treatment was made a matter of official record.  Therefore, there is no basis for awarding the applicant any Purple Hearts.

2.  Records show the applicant participated in four designated campaign phases during his service in the Republic of Vietnam.  Therefore, he is entitled to four 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.

3.  The applicant's unit was cited in general orders for award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation.  Therefore his DD Form 214 should be corrected to show these unit awards.

4.  General orders awarded the applicant the Army Commendation Medal and Air Medal.  Therefore, his DD Form 214 should be corrected to show these awards.


5.  The applicant’s records clearly show that he distinguished himself in the performance of his military service as evidenced by his attaining the rank of sergeant, achieving "excellent" conduct and efficiency ratings, and receiving a personal decoration for meritorious service.  Therefore, it is presumed that his not receiving an Army Good Conduct Medal for his service was an oversight. Accordingly, he should be awarded the first award of the Army Good Conduct Medal and his DD Form 214 should be corrected to show this award.

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;

	b.  awarding him the Army Good Conduct Medal (1st award) for the period 
13 December 1967 through 21 November 1969; and

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

* Army Commendation Medal
* Air Medal
* Army Good Conduct Medal (1st award)
* Vietnam Service Medal with four bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* 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 awarding the applicant 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)                                         AR20100010115



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ABCMR Record of Proceedings (cont)                                         AR20100017512



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