IN THE CASE OF:	  

		BOARD DATE:	  11 January 2011

		DOCKET NUMBER:  AR20100017616 


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 awards of the Silver Star, Purple Heart, and Army Good Conduct Medal.

2.  The applicant states he earned the awards and they are not on his DD Form 214 due to his early discharge.

3.  The applicant provides his DD Form 214 and an award 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 record shows he was inducted into the Army of the United States on 6 December 1966.  He was trained in and awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He served in the Republic of Vietnam (RVN) from 6 June 1967 to 4 June 1968 while assigned to Company C, 2nd Battalion, 7th Cavalry, 1st Cavalry Division.

3.  His records contain a Standard Form 600 (Chronological Record of Medical Care) wherein it shows he received medical treatment while assigned to the 3rd Training Brigade, Fort Polk, LA, on 13 April and 19 April 1967 for a "sore ankle."

4.  This form further shows he received medical treatment while assigned to the 2nd Battalion, 7th Cavalry, RVN, on 12 June 1967 for his left ankle.  The entry states, in part, "patient had left ankle cast approximately 3 weeks ago" and "return in 2 weeks for cast removal."

5.  On 28 August 1968 in conjunction with his separation from the Army, he filled out a Standard Form 89 (Report of Medical History) wherein he indicated he had been treated for a "cracked left ankle June 1967, treated at Navy Hospital, Long Beach, CA."  

6.  On 6 September 1968, he was honorably released from active duty in the rank/grade of sergeant (SGT)/E-5 and transferred to the U.S. Army Reserve Control Group to complete his remaining Reserve obligation.  The DD Form 214 he was issued shows he was released by reason of early separation to attend school.  He completed a total of 1 year, 9 months, and 1 day of creditable service with no lost time.

7.  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 two bronze service stars, RVN Campaign Medal, Combat Infantryman Badge, Air Medal, Bronze Star Medal, and Expert Marksmanship Qualification Badge with Mortar, Pistol, and Rifle Bars.

8.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) is void of any entry.  His records do not contain official orders for award of the Purple Heart and his name is not shown on the Vietnam casualty roster.

9.  Item 38 (Record of Assignments) of his DA Form 20 shows he received all "excellent" conduct and efficiency ratings throughout his service.  His record is void of any record of disciplinary actions or a commander's disqualification for award of the Army Good Conduct Medal.

10.  There are no orders in the applicant's records that show he was awarded the Silver Star.

11.  During the processing of this case, a member of the Board staff reviewed the Awards and Decorations Computer Assisted Retrieval System maintained by the Military Awards Branch of the U.S. Army Human Resources Command which is an index of general orders issued during the Vietnam era between 1965 and 1973.  This review failed to reveal any orders for the Silver Star or the Purple Heart.

12.  The applicant provides a Silver Star Certificate, dated 3 July 1968, wherein it states the applicant was awarded the Silver Star for gallantry in action on 4 April 1968 in the RVN.

13.  Army Regulation 600-8-22 (Military Awards) states the Silver Star is awarded for gallantry in action against the enemy.  The required gallantry (spirited and conspicuous acts of heroism and courage) must have been performed with marked distinction.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-200 (Enlisted Personnel Management), chapter 9 of the version in effect at the time, stated that a brief description of wounds or injuries (including injury from gas) requiring medical treatment received through hostile or enemy action, including those requiring hospitalization would be entered in item 40 of the DA Form 20.  This regulation further stated that the date the wound or injury occurred would also be placed in item 40.

15.  Army Regulation 600-8-22 states 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.

16.  Army Regulation 672-5-1 (Military Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service.  This period was 3 years except in those cases when the period for the first award ended 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.

17.  A review of the applicant's records indicates his entitlement to additional awards which are not shown on his DD Form 214.
18.  Army Regulation 600-8-22 states that a bronze service star is authorized for wear on the Vietnam Service Medal for each campaign a member is credited with participating in.  Appendix B shows that during his service in Vietnam, participation credit was awarded for the following three campaigns:

* Vietnam Counteroffensive Phase III (1 June 1967-29 January 1968)
* Tet Counteroffensive (30 January 1968-1 April 1968)
* Vietnam Counteroffensive Phase IV (2 April 1968-30 June 1968)

19.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows that at the time of his assignment to the 2nd Battalion, 7th Cavalry Regiment, this unit was cited for award of the RVN Gallantry Cross with Palm Unit Citation by Department of the Army General Orders Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show awards of the Silver Star, Purple Heart, and Army Good Conduct Medal.

2.  The evidence of record confirms he served honorably during the period 6 December 1966 through 6 September 1968.  He attained the rank/grade of SGT/E-5 and he received all "excellent" conduct and efficiency ratings throughout this period of military service.  His record is void of any derogatory information that would have disqualified him from award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the first award of the Army Good Conduct Medal and correct his records to show this award.

3.  His record confirms he participated in three campaigns while serving in Vietnam.  Therefore, he is entitled to one additional bronze service star for wear on his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show it.

4.  General orders awarded his unit the RVN Gallantry Cross with Palm Unit Citation which is not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  With respect to the Silver Star, there is no evidence in the available records that shows he was awarded the Silver Star.  The governing Army regulation states that for personal decorations (which include the Silver Star) formal 


recommendation, approval through the chain of command, and announcement in orders are required.  In the absence of orders, there is insufficient evidence to correct his records to show the Silver Star.

6.  With respect to the Purple Heart, the criteria for award of the Purple Heart requires the submission of substantiating evidence 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.  The applicant's record shows he was treated for an ankle injury while in the RVN.  However, there is no evidence that shows he received this injury as a result of hostile action.  There is insufficient evidence upon which to base award of the Purple Heart in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  __X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 6 December 1966 through 6 September 1968;

	b.  deleting from his DD Form 214 the Vietnam Service Medal with two bronze service stars;

	c.  adding to his DD Form 214 the Army Good Conduct Medal (1st Award), Vietnam Service Medal with three bronze service stars, and RVN Gallantry Cross with Palm Unit Citation; and

	d.  providing him a document to show the above corrections.

2.  The Board further determined 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 awards of the Silver Star and the Purple Heart to his DD Form 214.



      _______ _ 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)                                         AR20100017616



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ABCMR Record of Proceedings (cont)                                         AR20100017616



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